Ibtiv, -of  II!.  Library 

u U 

3no 


CONSUMERS  POWER  COMPANY 


r 


to 


HARRIS  TRUST  AND  SAVINGS  BANK, 

Trustee 


{Trust  lubenture 

Dated  January  2,  1911. 


Supplemental  {Trust  lubenture 

i v ,Vy* ' . £/,  V'  ' i 

Dated  August  3,  1915. 


Securing 

First  Lien  and  Refunding  Five  Per  Cent. 
Twenty-five  Year  Gold  Bonds. 

Authorized  Issue  $35,000,000. 


TRUST  INDENTURE 


Dated  January  2,  1911 


Digitized  by  the  Internet  Archive 
in  2017  with  funding  from 

University  of  Illinois  Urbana-Champaign  Alternates 


https://archive.org/details/consumerspowercoOOcons 


TABLE  OF  CONTENTS.* 


Recitals  : 


PAGE. 

1 


Parties 

Form  of  bond 

Form  of  interest  coupon 

Form  of  Trustee’s  Certificate 


1 

2 

5 


Granting  Clauses  : 

Grant  and  conveyance 6 

Description  of  properties  mortgaged 6-12 

Real  Estate,  properties  and  rights 6 

General  mortgage  25  year  6%  bonds — 

$371,000  Commonwealth  Power  Company. . . 7 

669.000  Grand  Rapids-Muskegon  Power 

Company 7 

First  mortgage  25  year  5 % bonds 8 

$514,000  Flint  Electric  Company 8 

130.000  Pontiac  Power  Company 8 

504.000  Bay  City  Power  Company, .......  8 

250.000  Consumers  Power  Company  (Mich- 
igan)  8 

1,250,000  Economy  Power  Company 8 

590.000  Saginaw  Power  Company 9 

Other  securities  pledged 9 

Shares  of  stock 9-10 

$369,000  demand  note  Saginaw  Power  Com- 
pany  10 

Authorization  of  Trustee  to  receive  additional 

security 10 


*Tke  table  of  contents  and  marginal  notes  are  not  in  the  mortgage  as 
executed  and  recorded. 


11 


PAGE. 

Definition  of  “ Approved  bonds” 12 

Underlying  mortgages 13 

Habendum  : 13 

Grant  in  trust 14 

ARTICLE  ONE. 

Execution  and  Registration  of  Bonds. 

Sec.  1.  Description  of  bond  issue 15 

2.  Registration  of  bonds 15 

3.  Execution  of  bonds 16 

Certificate  of  Trustee  on  bonds  and  effect 

thereof 16 

4.  Ownership  of  bonds 17 

5.  Temporary  bonds 17 

6.  Replacement  of  mutilated  and  destroyed 

bonds  . , 18 

ARTICLE  TWO. 

Authentication  and  Appropriation  of  Bonds. 

Sec.  1.  First  issue  of  14,044,000  provided  for. .....  19 

2.  Not  exceeding  $6,188,000  reserved  to  refund 

underlying  bonds 19 

3.  $24,768,000  and  such  of  the  $6,188,000  of 

bonds  as  may  remain  unissued  after  all 
underlying  bonds  shall  have  been  ac- 
quired, reserved  for  extensions,  enlarge- 
ments and  additions 20 

Authentication  and  delivery  of  bonds  on 

acquisition  of  property 21 

Deposit  and  application  of  proceeds 21 

Limitations  upon  issue  of  bonds 22 

Definition  of  “outstanding” 22 

Limitations  upon  issue  of  bonds  contained.  . 23 


Ill 


PAGE. 

Definition  of  “permanent,”  in . connection 
with  words  “enlargements,  extensions,  or 

additions” 24 

Orders  for  withdrawal  of  bonds 25 

Directors’  resolution 25 

Upon  what  Trustee  may  rely 25 

4.  Order  for  authentication  and  delivery  of 

bonds 26 

5.  Trustee  not  required  to  authenticate  bonds 

when  Power  Company  in  default 26 

ARTICLE  THREE. 

Particular  Covenants  of  the  Power  Company. 

Sec.  1.  Covenant  to  pay  principal  and  interest 26 

2.  Covenants  of  warranty 27 

To  keep  indenture  a first  lien  on  mortgaged 

property 27 

3.  To  pay  outstanding  underlying  bonds  and 

other  indebtedness 29 

4.  To  execute  instruments  of  further  assurance  29 

5.  To  pay  taxes 30 

6.  Covenant  as  to  dividend  declared  or  paid 

by  any  subsidiary  company 30 

as  to  dividend  declared  or  paid  by  Power 
Company 30 

7.  To  conduct  its  business  in  an  efficient  man- 

ner  31 

Covenant  to  observe  and  perform  each  and 

every  condition 32 

Covenants  not  to  permit  any  right,  privi- 
lege or  franchise  to  lapse . 32 

8.  To  keep  proper  books  of  record  and  account.  32 

9.  That  no  consolidation,  merger,  sale  or  lease 

shall  be  made  which  shall  diminish  the 
security  of  this  indenture 33 


IV 


PAGE. 

10.  To  insure  property 33 

11.  Not  to  extend  time  of  payment  of  any  cou- 

pon   34 

12.  Trustee  may  advance  funds 35 

13.  The  Power  Company  to  maintain  fiscal 

agencies 35 

Demand  to  be  made  on  Trustee  if  Company 

fail  to  maintain  office  or  agency 36 

ARTICLE  FOUR. 

Concerning  Special  Trust  Fund. 

-Sec.  1.  Special  trust  fund  for  redemption  of  bonds.  36 
2.  To  be  held  by  Trustee  and  to  be  paid  out  for 

any  of  the  following  purposes  : 36 

(a)  For  redemption  of  bonds 36 

(b)  For  permanent  extensions,  enlarge- 

ments and  additions 36 

Signatures  on  checks  and  drafts ....  37 

ARTICLE  FIVE. 

Concerning  Pledged  Securities. 

ISec.  1.  Delivery  of  pledged  securities  to  Trustee.  . . 37 

Trustee  may  accept  additional  security 38 

Trustee  not  obliged  to  pass  on  validity  of 

securities 38 

Or  to  accept  or  transfer  stock 38 

•2.  Transfer  and  stamping  of  pledged  securities  38 
To  maintain  existence  of  subsidiary  com- 
panies  38 

The  Trustee  empowered  with  rights  of  ab- 
solute owner  of  any  bond  or  other  obliga- 
tion held  by  it 39 


V 


PAGE. 

3.  Until  default  Power  Company  to  have  voting 

power  on  all  pledged  securities 3D 

Proxies 39 

Voting  powers  in  case  of  default 40 

Waiver  of  default 40 

4.  Until  default  Power  Company  entitled  to 

dividends  and  interest 40 

The  Power  Company  to  furnish  to  the 
Trustee  upon  request  satisfactory  evidence 

of  the  payment  of  coupons  or  claims 41 

Payment  of  dividends  and  interest  in  case  of 

default 42 

Waiver  of  default 42 

Disposition  of  payments  on  account  of  prin- 
cipal of  pledged  securities 42 

5.  The  Power  Company  covenants  not  to  volun- 

tarily sell  or  incumber  any  share  of  stock 

of  any  subsidiary  company 43 

To  retain  the  rights  and  powers  of  the 
holder  of  a majority  of  the  capital  stock 

of  each  subsidiary  company 43 

To  preserve  the  corporate  existence  and 
corporate  rights  of  each  subsidiary  com- 
pany  43 

6.  Indebtedness  of  subsidiary  companies  limited 

and  regulated 43 

Subsidiary  companies  not  to  incumber  or 

convey  assets 44 

Or  to  increase  capital  stock 44 

7.  Covenant  as  to  consolidation  or  merger  of 

subsidiary  companies  with  Power  Com- 
pany   44 

8.  Proceedings  on  liquidation  or  dissolution  of 

subsidiary  companies  or  sale  of  properties 

on  foreclosure 45 

Decrease  of  capital  stock  of  any  subsidiary 

company , 46 


VI 


PAGE. 

Notes  or  other  evidences  of  indebtedness  of 
any  subsidiary  company  to  be  exchanged 
for  stock  or  other  notes  or  evidences  of  in- 
debtedness   46 

Regulations  as  to  surrender  by  the  Trustee 
to  the  Power  Company  of  $369,000  de- 
mand notes  of  Saginaw  Power  Company.  46 

9.  Regulations  in  respect  of  bonds,  notes,  or 

other  obligations  of  subsidiary  companies.  47 

10.  Trustees  may  join  in  plan  of  reorganization.  48 

11.  Disposition  of  pledged  bonds  upon  convey- 

ance of  properties  to  Power  Company 48 

12.  Power  Company  to  provide  for  expenditures 

made  by  Trustee 49 

ARTICLE  SIX. 

Remedies  of  Trustees  and  Bondholders  upon 
Default. 

Sec.  1.  In  case  of  default  in  payment  of  interest. . . 50 

Majority  of  bondholders  may  waive  default . 50 

2.  Trustee  may  take  possession  upon  default. . 51 

Power  of  sale  upon  default 51 

Notice  of  sale 52 

Parties  restored  to  former  relations  if  pro- 
ceedings by  Trustee  are  discontinued 52 

Personal  property  deemed  fixtures 53 

3.  Property  to  be  sold  as  an  entirety  unless 

impracticable  or  majority  of  bondholders 

request  otherwise 53 

Vesting  title  in  purchaser 53 

Effect  of  sale 54 

4.  Trustees  duty  to  act  upon  request  of  holders 

, of  25^  of  bonds 54 

5.  Application  of  proceeds  of  sale 55 

To  payment  of  costs  and  expenses.  . . 55 


Yll 


PAGE. 

To  payment  of  principal  and  interest 55 

Surplus  to  Power  Company 55 

6.  Receipts  of  Trustee  sufficient  discharge  to 

purchaser  at  sale 56 

7.  Bondholders  may  purchase  at  sale  and  apply 

bonds  on  purchase  price  56 

8.  Waiver  by  Power  Company  of  stay  or  ex- 

tension law 56 

9.  Covenant  of  Power  Company  to  pay  prin- 

cipal and  interest  upon  default 57 

When  Trustee  may  recover  judgment 57 

10.  No  prejudice  because  of  delay  or  omission  of 

Trustee  to  exercise  rights 58 

11.  Limitation  upon  right  of  bondholders  to  in- 

stitute proceedings 59 

ARTICLE  SEVEN. 

Waiver  of  Liability  of  Stockholders  and  of 
Officers.  60 

ARTICLE  EIGHT. 

Release  Clauses. 

Sec.  1.  Releases  permitted 60 

(1)  Conditions  specified 61 

(2)  If  sold  for  cash,  proceeds  of  sale  to  be  de- 

posited with  Trustee 61 

(3)  Substituted  property  to  be  subject  to 

mortgage 62 

(4)  Resolutions  and  certificates  shall  be  de- , 

livered  to  Trustee 62 

(5)  Certificate  of  engineers 63 

(6)  Trustee  may  require  additional  evidence.  63 

2.  Application  of  proceeds  of  property  taken  by 

eminent  domain 64 


Vlll 


PAGE. 

3.  Purchaser  protected 64 

4.  Receiver  or  Trustee  lawfully  appointed  may 

exercise  powers  of  Power  Company 64 

5.  Evidence  to  Trustee 64 

6.  Application  of  proceeds  from  sale  of  prop- 

erty released 65 

ARTICLE  NINE. 

Redemption  of  Bonds. 

Bonds,  redeemable  on  any  interest  day  subse- 
quent to  January  1,  1916,  at  105$ 65 

Publication  of  notice  and  proceedings  in  respect 

of  redemption 65 

Defeasance  upon  deposit  of  redemption  price. . . 66 

ARTICLE  TEN. 

Concerning  the  Trustee. 

Sec.  1.  Conditions  of  acceptance  of  trusts 66 

Trustee’s  protection  and  immunities 66 

2.  Trustee  to  have  first  lien,  for  its  reasonable 

compensation  and  expenses 69 

3.  Resignation  of  Trustee — 30  days’  notice  to 

be  given 69 

4.  Removal  of  Trustee 70 

5.  Appointment  of  successor 70 

Notice  of  appointment  by  Power  Company  . 70 

Appointment  by  bondholders 70 

Vesting  of  mortgaged  property  in  successor.  70 

6.  Appointment  of  co-trustee  71 

7.  Conditions  of  acceptance  by  successor  trustee 

and  every  additional  trustee 71 

Notice  delivered  to  Harris  Trust  & Savings 
Bank,  or  its  successor  shall  be  deemed  to 
have  been  delivered  to  all  trustees 72 


IX 


PAGE. 

Instruments  appointing  a successor  or  addi- 
tional trustee  shall  refer  to  this  indenture 

and  the  conditions  of  Article  Ten 72 

Additional  trustee  may  appoint  Harris  Trust 
& Savings  Bank  or  its  successor  its  attor- 
ney in  fact 73 

Removal  of  additional  trustee 73 

Appointment  of  successor  to  additional  trus- 
tee  73 

Trustee  protected  in  acting  on  certificates  of 

officers 73 

ARTICLE  ELEVEN. 

Authentication  of  Bondholders’  Instruments. 

(a)  Proof  of  execution 74 

(i b ) Proof  of  ownership  of  bonds 74 

ARTICLE  TWELVE. 

Defeasance  and  Miscellaneous  Provisions. 

Sec.  1.  Power  Company  entitled  to  possession 75 

2.  Reversion  of  mortgaged  property  to  Power 

Company  upon  performance 76 

3.  The  term  Power  Company  means  Con- 

sumers’ Power  Company  or  its  suc- 
cessor   76 

4.  Definitions 77 

5.  Covenants  herein  contained  to  be  binding 

on  successors  and  assigns  of  Power  Com- 
pany  78 


X 


PAGE. 


6.  Bights  limited  to  parties  and  bondholders.  . 78 

7.  Marginal  notes  and  index  no  part  of  in- 

denture  78 

Testimonium  clause 78 

Signatures 79 

Acknowledgments 80-81 


an  Hn&enture,  dated  as  of  the  second  day  of  January, 
A.  D.  1911,  by  and  between  Consumers  Power  Company, 
a corporation  duly  incorporated  and  existing  under  and  by 
virtue  of  the  laws  of  the  State  of  Maine,  hereinafter  some- 
times called  the  Power  Company,  party  of  the  first  part, 
and  Harris  Trust  and  Savings  Bank,  a corporation  or- 
ganized and  existing  under  and  by  virtue  of  the  laws  of 
the  State  of  Illinois,  and  having  its  principal  office  in  the 
City  of  Chicago,  hereinafter  sometimes  called  the  Trustee, 
party  of  the  second  part  : 

Whereas,  the  Power  Company,  for  the  purpose  of 
making  part  payment  for  certain  of  the  properties  and 
securities  hereby  mortgaged  and  pledged,  and  to  provide 
for  the  acquisition  or  payment  of  certain  outstanding  bonds 
secured  by  mortgages  hereinafter  mentioned,  and  also  to 
provide  for  enlargements,  extensions  and  additions  of  and 
to  the  properties  of  the  Power  Company  and  its  sub- 
sidiary companies,  the  acquisition  of  additional  bonds,  and 
the  construction  and  acquisition  of  additional  properties, 
and  for  other  lawful  purposes,  has  duly  resolved  and  de- 
termined by  proper  action  of  its  stockholders  and  directors 
to  create  a series  and  make  an  issue  of  its  First  Lien  and 
Refunding  Five  Per  Cent.  Twenty-Five  Year  Gold  Bonds 
dated  as  of  January  second,  1 9 1 1 (hereinafter  sometimes 
called  the  bonds),  bearing  interest  at  the  rate  of  five  per 
cent,  per  annum,  payable  semi-annually  on  the  first  days 
of  January  and  July  of  each  year ; and  to  secure  the  pay- 
ment of  said  bonds  and  the  interest  thereon  has  also  by 
like  proper  action  duly  resolved  and  determined  to  execute 
and  acknowledge  this  indenture  ; and 

Whereas,  the  said  bonds  and  the  coupons  pertaining 
thereto  and  the  Trustee’s  certificate  on  said  bonds,  shall 
be  in  substantially  the  following  forms,  respectively,  viz. : 


Parties. 


Recitals. 


2 


[FORM  OF  BOND.] 

UNITED  STATES  OF  AMERICA, 

State  of  Maine. 

CONSUMERS  POWER  COMPANY. 

Form  of  bond.  jp{rsf  Lien  and  Refunding  Five  Per  Cent . Twenty- 

Five  Year  Gold  Bond. 


No $1,000. 

Consumers  Power  Company  (herein  termed  Power  Com- 
pany), a corporation  duly  incorporated  under  the  laws  of 
the  State  of  Maine,  for  value  received  promises  to  pay  to  the 
bearer,  or  in  case  of  registration  to  the  registered  holder 
hereof,  on  the  first  day  of  January,  1936,  the  sum  of  one 
thousand  dollars  ($1,000)  in  gold  coin  of  the  United  States 
of  America  of  or  equal  to  the  present  standard  of  weight 
and  fineness  ; and  to  pay  interest  on  said  sum  from  the 
first  day  of  January,  1911,  at  the  rate  of  five  per  cent, 
per  annum  payable  in  like  gold  coin  semi-annually  on  the 
first  day  of  January  and  the  first  day  of  July  in  each  year, 
in  accordance  with  and  Upon  the  presentation  and  sur- 
render of  the  interest  coupons  hereunto  annexed  as  they 
respectively  become  due.  All  payments  upon  this  bond 
both  of  principal  and  interest  shall  be  made  at  the  office 
of  Harris,  Forbes  and  Company  in  the  City  of  New  York, 
or  at  the  option  of  the  holder  at  the  Harris  Trust  and  Sav- 
ings Bank  in  the  City  of  Chicago,  and  in  each  instance 
without  deduction  for  any  taxes,  assessments  or  govern- 
mental charges  which  the  Power  Company,  or  the  Trustee 
hereinafter  mentioned,  may  be  required  to  pay  or  to  retain 
therefrom  under  any  present  or  future  law  of  the  United 
States  or  of  any  State,  county,  municipality  or  other  tax- 
ing authority,  the  Power  Company  agreeing  to  pay  all  such 
taxes,  assessments  and  governmental  charges. 

This  bond  is  one  of  a series  of  coupon  bonds  of  the  Power 
Company  known  as  its  First  Lien  and  Refunding 


3 


Five  Per  Cent.  Twenty-Five  Year  Gold  Bonds,  limited  to 
the  aggregate  principal  amount  of  thirty-five  million  dol- 
lars at  any  one  time  outstanding,  bearing  interest  at  the 
rate  of  five  per  cent,  per  annum  payable  semi-annually, 
issued  and  to  be  issued  under  and  all  equally  and  ratably 
secured  by  and  subject  to  a trust  indenture  dated  as  of 
the  second  day  of  January,  1911,  executed  by  the  Power 
Company  to  the  Harris  Trust  and  Savings  Bank,  as  Trustee, 
and  its  successors  in  the  trust. 

For  a description  of  the  property  and  collateral  securi- 
ties mortgaged  and  pledged,  the  nature  and  extent  of  the 
security,  the  rights  of  the  holders  of  bonds  under  the  said 
indenture,  and  the  terms  and  conditions  upon  which  said 
bonds  are  issued  and  secured,  reference  is  hereby  made  to 
said  indenture,  to  all  the  provisions  of  which  the  holder  of 
this  bond,  by  accepting  the  same,  assents. 

In  case  an  event  of  default  as  defined  in  the  said  inden- 
ture shall  occur,  the  principal  of  the  bonds  of  said  series 
may  become  or  be  declared  due  and  payable  in  the  manner 
and  with  the  effect  provided  in  the  said  indenture. 

As  provided  in  said  indenture,  any  or  all  the  bonds  of 
said  series  at  the  time  outstanding  may  be  redeemed  at 
the  election  of  the  Power  Company  or  its  successors,  on 
any  first  day  of  January  or  first  day  of  July  (but  not  prior 
to  January  1,  1916),  at  one  hundred  and  five  per  cent, 
of  the  face  value  thereof  with  accrued  interest  thereon, 
upon  previous  notice  to  be  published  at  least  once  a week 
for  twelve  successive  weeks  in  a newspaper  published  in 
the  City  of  New  York. 

This  bond  shall  pass  by  delivery  unless  registered  as  to 
principal  in  the  owner’s  name  at  the  office  of  the  Trustee 
or  at  the  office  or  agency  of  the  Power  Company 
in  the  City  of  New  York,  such  registry  being  noted 
on  this  bond  by  a transfer  agent  of  the  Power 
Company.  After  such  registry  no  transfer  shall 
be  valid  unless  made  by  the  registered  holder  in  person 
or  by  his  attorney  duly  authorized  and  similarly  noted  on 
this  bond,  but  the  same  may  be  discharged  from  registry 


4 


by  being  in  like  manner  transferred  to  bearer,  and  there- 
upon transferability  by  delivery  shall  be  restored.  This 
bond  may  again  from  time  to  time  be  registered  or  dis- 
charged from  registry  in  the  same  manner.  No  registra- 
tion however  shall  affect  the  negotiability  of  the  coupons 
which  shall  continue  transferable  by  delivery  merely,  and 
the  payment  thereof  to  bearer  shall  fully  discharge  the 
Power  Company  in  respect  of  the  interest  therein  men- 
tioned, whether  or  not  this  bond  shall  have  been  registered. 

No  recourse  shall  be  had  for  the  payment  of  any  part  of 
the  principal  or  interest  of  this  bond  against  any  incorpo- 
rator or  any  past,  present  or  future  stockholder,  officer,  or 
director  of  the  Power  Company,  either  directly  or  through 
the  Power  Company,  by  virtue  of  any  statute  or  constitu- 
tion or  by  the  enforcement  of  any  assessment  or  otherwise, 
any  and  all  individual  liability  of  the  said  incorporators, 
stockholders,  officers  and  directors  of  the  Power  Company 
being  by  the  acceptance  hereof  and  as  a part  of  the  con- 
sideration for  the  issue  hereof  expressly  waived. 

This  bond  shall  not  be  valid  or  become  obligatory  for  any 
purpose  until  and  unless  authenticated  by  the  certificate 
hereon  indorsed  of  the  Trustee  under  said  indenture. 

In  witness  whereof,  Consumers  Power  Company  has 
caused  these  presents  to  be  signed  by  its  president  or  one 
of  its  vice-presidents,  and  its  corporate  seal  to  be  hereunto 
affixed  and  attested  by  its  secretary  or  one  of  its  assistant 
secretaries,  and  has  caused  the  attached  interest  coupons 
to  be  authenticated  by  the  fac-simile  signature  of  its 
treasurer  engraved  thereon,  as  of  the  second  day  of  Janu- 
ary, 1911. 

Consumers  Power  Company, 

by 


Vice-President. 

Attest  : 


5 

Assistant  Secretary. 


5 


[FORM  OF  COUPON.] 

$25.  No 

On  the  first  day  of  ,19  , Consumers 

Power  Company  will  pay  to  the  bearer  at  the  office  of 
Harris,  Forbes  and  Company,  New  York,  or  at  the  option  of 
the  holder  at  the  Harrfs  Trust  and  Savings  Bank, 
Chicago,  unless  the  bond  mentioned  below  shall  have 
been  called  for  previous  redemption,  twenty-five  dollars  in 
gold  coin,  being  six  months’  interest  then  due  on  its  First 
Lien  and  Refunding  Five  Per  Cent.  Twenty-Five  Year 
Gold  Bond  No 


5 

Treasurer. 


[FORM  OF  TRUSTEE’S  CERTIFICATE.] 


This  is  one  of  the  series  of  bonds  described  in  the  within 
mentioned  indenture. 


Harris  Trust  and  Savings  Bank, 

Trustee, 


by 


And  whereas,  all  acts,  proceedings  and  things  neces- 
sary and  required  by  law  and  the  by-laws  of  the  Power 
Company  to  make  said  bonds,  when  signed  and  sealed  by 
the  Power  Company  and  authenticated  by  the  Trustee,  the 
valid,  binding  and  legal  obligations  of  the  Power  Com- 
pany, and  to  constitute  and  make  these  presents  a valid 
and  effective  indenture  of  mortgage  and  trust  have  been 
done  and  taken  and  have  happened,  and  the  execution  and 
issue  of  said  bonds  and  the  execution  and  acknowledgment 
of  these  presents  have  in  all  respects  been  duly  authorized 
by  the  directors  and  stockholders  of  the  Power  Company 
in  the  manner  provided  and  required  by  law  : 


Form  of 
interest 
coupon. 


Form  of 

Trustee’s 

certificate. 


6 


Grant  and 
conveyance. 


Properties 

mortgaged. 


NOW  THEREFORE  THIS  INDENTURE  WITNESSETH:  that  ill 
order  to  secure  the  payment  of  the  principal  and  interest 
of  all  bonds  of  the  Power  Company  at  any  time  issued  and 
outstanding  under  this  indenture  according  to  the  pro- 
visions of  said  bonds  and  of  this  indenture  and  to  secure 
the  performance  and  observance  of  each  and  every  the 
covenants,  conditions  and  agreements  herein  contained, 
and  for  and  in  consideration  of  the  premises  and  of  the 
purchase  and  acceptance  of  such  bonds  by  the  holders 
thereof  and  of  the  sum  of  one  hundred  dollars  to  it  duly 
paid  by  the  Trustee  at  or  upon  the  ensealing  and  de- 
livery of  these  presents,  the  receipt  whereof  is  hereby  ac- 
knowledged,— 

Consumers  Power  Company  hereby  grants,  sells,  bar- 
gains, aliens,  releases,  conveys,  assigns,  warrants,  trans- 
fers, mortgages  and  pledges  unto  and  with  Harris  Trust 
and  Savings  Bank  as  Trustee,  and  its  successors  in  the 
trust  hereby  created,  and  to  its  and  their  assigns,  all  the 
following  property,  wheresoever  situate,  viz. : 

First. — All  the  real  estate,  water-rights,  flowage-rights, 
sites,  dams,  reservoirs,  generating  plants,  power  houses, 
transmission  lines,  distribution  systems,  buildings,  ma- 
chinery, boilers,  dynamos,  equipment,  fixtures,  appliances, 
tools,  materials  and  supplies  which  may  at  any  time  be 
owned  or  acquired  by  the  Power  Company,  and  any  and 
all  betterments,  improvements,  additions,  enlargements 
and  extensions  thereto  and  there.of  in  any  manner  and  by 
whomsoever  made  or  acquired. 

Second. — Also  all  the  estate,  right,  title  and  interest, 
property,  possessions,  claims  and  demands  whatsoever,  as 
well  in  equity  as  at  law,  now  owned,  held,  possessed, 
enjoyed  or  claimed  by  the  Power  Company  or  which  it  may 
hereafter  acquire,  own,  hold,  possess,  enjoy  or  claim,  and 
each  and  every  part  thereof.  Also  all  books,  records, 
accounts,  franchises,  rights,  licenses,  grants,  agreements, 
contracts,  rights  of  way,  easements,  privileges,  servitudes, 


7 


and  immunities  which  may  at  any  time  be  acquired, 
owned,  held  or  enjoyed  by  or  conferred  upon  the  Power 
Company.  Also  all  other  property  and  property  rights  of 
whatsoever  character  or  nature  and  wheresoever  situate, 
real,  personal  or  mixed,  which  may  at  any  time  be  owned, 
acquired,  held,  possessed  or  enjoyed  by  or  in  any  manner 
conferred  upon  the  Power  Company;  and  the  reversion  and 
reversions,  remainder  and  remainders,  revenues,  rents, 
income,  tolls,  issues  and  profits  of  each  and  every  part  of 
the  property  hereby  mortgaged  and  pledged. 

Third. — The  following  described  bonds  each  issue  of 
which  has  been  authorized  and  approved  by  the  Michigan 
Railroad  Commission  and  all  of  which  bonds,  with  all  un- 
paid and  unmatured  coupons  pertaining  thereto,  have  been 
or  will  be  delivered  to  the  Trustee,  to  wit  : 

(a)  $371,000  face  amount  General  Mortgage  Twenty- 

Five-Year  Five  Per  Cent.  Gold  Bonds  of 
the  Commonwealth  Power  Company, 
dated  June  1,  1910,  issued  under  and  se- 
cured by  an  indenture  of  general  mort- 
gage dated  June  1,  1910,  made  by  the 
Commonwealth  Power  Company  to  the 
Harris  Trust  and  Savings  Bank  as  Trus- 
tee ; 

(b)  669,000  face  amount  General  Mortgage  Twenty- 

Five-Year  Five  Per  Cent.  Gold  Bonds  of 
the  Grand  Rapids-Muskegon  Power  Com- 
pany, dated  June  1,  1910,  issued  under 
and  secured  by  an  indenture  of  general 
mortgage  dated  June  1,  1910,  made  by 
the  Grand  Rapids-Muskegon  Power  Com- 
pany to  the  Harris  Trust  and  Savings 
Bank  as  Trustee  ; 

(c)  514,000  face  amount  First  Mortgage  Twenty- 

Five- Year  Five  Per  Cent.  Gold  Bonds  of 
the  Flint  Electric  Company,  dated  June 


1371,000 
General 
Mortgage 
25-year  5 per 
cent,  bonds 
Common- 
wealth Power 
Company. 


$669,000 
General 
Mortgage 
25-year  5 per  / 
cent,  bonds 
Grand  Rapids- 
Muskegon 
Power 
Company. 


$514,000 
First  Mort- 
gage 25-year 
5 per  cent, 
bonds  Flint 
Electric 
Company. 


8 


$130,000  First 
Mortgage 
25-year  5 per 
cent,  bonds 
Pontiac  Power 
Company. 


$504,000  First 
Mortgage 
5-year  5 per 
cent,  bonds 
Bay  City 
Power 
Company. 


$250,000  First 
Mortgage 
25-year  5 per 
cent,  bonds 
Consumers 
Power 
Company 
(a  corporation 
of  Michigan). 


$1,250,000  First 

Mortgage 

25-year  5 per 

cent,  bonds 

Economy 

Power 

Company. 


1,  1910,  issued  under  and  secured  by  an 
indenture  of  first  mortgage  dated  June 
1,  1910,  made  by  the  Flint  Electric  Com- 
pany to  the  Harris  Trust  and  Savings 
Bank  as  Trustee  ; 

(d)  $130,000  face  amount  First  Mortgage  Twenty- 

Five-Year  Five  Per  Cent.  Gold  Bonds  of 
the  Pontiac  Power  Company  dated  June 
1,  1910,  issued  under  and  secured  by  an 
indenture  of  first  mortgage  dated  June 
1,  1910,  made  by  the  Pontiac  Power 
Company  to  the  Harris  Trust  and  Sav- 
ings Bank  as  Trustee  ; 

(e)  504,000  face  amount  First  Mortgage  Twenty- 

Five- Year  Five  Per  Cent.  Gold  Bonds  of 
the  Bay  City  Power  Company,  dated 
June  1,  1910,  issued  under  and  secured 
by  an  indenture  of  first  mortgage  dated 
June  1,  1910,  made  by  the  Bay  City 
Power  Company  to  the  Harris  Trust  and 
Savings  Bank  as  Trustee  ; 

(/)  250,000  face  amount  First  Mortgage  Twenty- 

Five- Year  Five  Per  Cent.  Gold  Bonds  of 
the  Consumers  Power  Company  (a  cor- 
poration of  Michigan)  dated  June  1, 
1910,  issued  under  and  secured  by  an 
indenture  of  first  mortgage  dated  June 
1,  1910,  made  by  the  Consumers  Power 
Company  (of  Michigan)  to  the  Harris 
Trust  and  Savings  Bank  as  Trustee  ; 

(g)  1,250,000  face  amount  First  Mortgage  Twenty- 

Five-Year  Five  Per  Cent.  Gold  Bonds 
of  the  Economy  Power  Company  dated 
June  1,  1910,  issued  under  and  secured 
by  an  indenture  of  first  mortgage  dated 
June  1,  1910,  made  by  the  Economy 
Power  Company  to  the  Harris  Trust  and 
Savings  Bank,  as  Trustee  ; and 


9 


(A)  $590,000  face  amount  First  Mortgage  Twenty- 

Five- Year  Five  Per  Cent.  Gold  Bonds  of 
the  Saginaw  Power  Company  dated  June 
1,  1910,  issued  under  and  secured  by  an 
indenture  of  first  mortgage  dated  June 
1,  1910,  made  by  the  Saginaw  Power 
Company  to  the  Harris  Trust  and  Savings 
Bank  as  Trustee. 

Fourth. — The  following  described  shares  of  stock,  the 
certificates  for  all  of  which  (except  in  each  instance  direct- 
ors’ qualifying  shares)  duly  indorsed  in  blank  for  transfer 
have  been  or  will  be  delivered  to  the  Trustee,  to  wit  : 

(a)  $1,168,100  of  the  preferred  stock  and 

1,500,000  of  the  common  stock  of  the  Common- 
wealth Power  Company,  a corporation 
of  Maine,  being  the  entire  outstanding 
capital  stock  of  the  said  corporation  ex- 
cept $101,900  par  value  of  the  preferred 
stock  thereof  ; 

( b ) 1,031,000  of  the  preferred  stock  and 

1,500,000  of  the  common  stock  of  the  Grand  Rapids- 
Muskegon  Power  Company,  a corpora- 
tion of  Maine,  being  the  entire  outstand- 
ing capital  stock  of  the  said  corporation 
except  $29,900  par  value  of  the  preferred 
stock  thereof ; 

(c)  100,000  par  value  of  the  capital  stock  of  the 

Flint  Electric  Company,  a corporation 
of  Michigan,  being  the  entire  outstand- 
ing capital  stock  of  said  corporation  ; 

(d)  200,000  par  value  of  the  capital  stock  of  the 

Pontiac  Power  Company,  a corporation 
of  Michigan,  being  the  entire  outstand- 
ing capital  stock  of  said  corporation  ; 


$590,000  First 
Mortgage  25- 
year  5 per 
cent.  Ponds 
Saginaw 
Power 
Company. 


Other  securi- 
ties pledged. 


3 369, 000  de- 
mand note 
Saginaw 
Power 
Company. 


Authorization 
of  Trustee  to 
receive  addi 
tional  secur- 


(e)  $1,000,000  par  value  of  the  capital  stock  of  the 
Saginaw  Power  Company,  a corporation 
of  Michigan,  being  the  entire  outstand- 
ing capital  stock  of  said  corporation  ; 

(/)  200,000  par  value  of  the  capital  stock  of  the 

Bay  City  Power  Company,  a corporation 
of  Michigan,  being  the  entire  outstand- 
ing capital  stock  of  said  corporation  ; 

(g)  500,000  par  value  of  the  capital  stock  of  the 

Consumers  Power  Company,  a corpora- 
tion of  Michigan,  being  the  entire  out- 
standing capital  stock  of  said  corporation ; 

( h ) 500,000  par  value  of  the  capital  stock  of  the 

Au  Sable  Electric  Company,  a corpora- 
tion of  Michigan,  being  the  entire  out- 
standing capital  stock  of  said  corporation  ; 

(i)  1,000,000  par  value  of  the  capital  stock  of  the 

Economy  Power  Company,  a corpora- 
tion of  Michigan,  being  the  entire  out- 
standing capital  stock  of  said  corporation; 
and 

(j ) 250,000  par  value  of  the  capital  stock  of  the 

Central  Power  Company,  a corporation 
of  Michigan,  being  the  entire  outstand- 
ing capital  stock  of  said  corporation. 

Fifth. — $369,000  face  amount  demand  note  of  the 
Saginaw  Power  Company  dated  December  31,  1910. 

Sixth. — Also  any  and  all  bonds,  notes,  obligations,  se- 
curities, indebtedness  and  shares  of  stock  of,  and  claims 
and  demands  against,  any  of  the  above-mentioned  corpo- 
rations and  any  other  corporation  now  or  hereafter  exist- 
ing which  the  Power  Company  may  at  any  time  own  or 
hold  or  be  entitled  to  receive,  assert  or  demand. 

Seventh. — Also,  any  and  all  property  of  every  name  and 
nature,  including  shares  of  stock  and  other  securities, 


11 


which  may  from  time  to  time  hereafter,  by  writing  of  any 
kind  or  by  delivery  be  conveyed,  mortgaged,  pledged, 
assigned  or  transferred  to  the  Trustee  by  the  Power  Com- 
pany or  by  any  individual  or  other  corporation,  and  ac- 
cepted by  the  Trustee  ; and  the  Trustee  is  hereby  authorized 
to  accept  and  receive  any  such  mortgage  or  pledge  at  any 
and  all  times  as  and  for  additional  security  hereunder  and 
to  hold  and  apply  any  and  all  such  property  subject  to  the 
terms  hereof. 

Together  with  all  and  singular  the  tenements,  heredita- 
ments and  appurtenances  belonging  or  in  anywise  apper- 
taining to  all  the  aforesaid  property  or  any  part  thereof, 
witli  the  reversion  and  reversions,  remainder  and  remain- 
ders, rents,  income  and  profits  thereof,  and  all  the  estate, 
right,  title  and  interest,  and  claim  whatsoever  at  law  as 
well  as  in  equity  which  the  Power  Company  now  has  or 
may  at  any  time  hereafter  acquire  in  and  to  the  aforesaid 
property  and  securities  and  every  part  and  parcel  thereof. 

It  is  intended  and  agreed  that  all  of  the  property, 
real,  personal  and  mixed  of  every  kind  and  nature 
whatsoever  and  wherever  situate  which  is  or  may  at  any 
time  be  in  anywise  acquired,  owned,  held,  possessed 
or  enjoyed  by  the  Power  Company  or  for  the  Power 
Company,  shall  be  as  fully  embraced  within  the  provi- 
sions hereof  and  subject  to  the  lien  hereby  created  as 
if  the  said  property  were  specifically  described  herein  and 
specifically  mortgaged,  pledged,  conveyed,  transferred 
and  assigned  hereby. 

All  the  property  real  and  personal  in  any  way  hereby 
or  hereafter  conveyed,  mortgaged,  pledged,  assigned  or 
transferred  to  the  Trustee  for  the  purposes  of  or  subject  to 
this  indenture  or  agreed  or  intended  or  provided  to  be,  is 
in  this  indenture  sometimes  called  the  property  hereby 
mortgaged  and  pledged,  or  the  mortgaged  property,  or 
the  mortgaged  premises. 

All  the  bonds,  notes  and  other  obligations  and  the 
shares  of  stock  and  other  securities  in  any  way  hereby  or 
hereafter  assigned,  transferred  or  delivered  to  the  Trustee, 


12 


Definition  of 
“ approved 

Ponds..” 


or  agreed  or  intended  or  provided  to  be,  and  the  certificates 
therefor  and  the  evidences  thereof,  are  in  this  indenture 
sometimes  called  the  pledged  securities  or  the  securities 
hereby  pledged. 

The  corporations  mentioned  in  paragraph  Fourth  of  the 
granting  and  pledging  clauses  of  this  indenture,  the  Grand 
Rapids  Edison  Company,  and  all  other  corporations  now  ex- 
isting or  hereafter  organized  for  the  purpose  of  generating, 
transmitting,  distributing  or  selling  electricity,  not  less 
than  ninety- five  per  cent.  (95%)  of  the  outstanding  capital 
stock  of  which  said  other  corporations  shall  at  the  time  be 
owned  by  the  Power  Company  and  the  certificates  for 
which  (except  in  each  instance  directors’  qualifying  shares) 
are  then  held  by  the  Trustee  under  the  provisions  of  Article 
Five  of  this  indenture,  are  hereinafter  collectively  termed 
the  subsidiary  companies  or  separately  a subsidiary  com- 
pany. 

The  term  4 ‘approved  bonds”  as  used  in  this  indenture 
shall  be  held  to  mean  and  be  limited  to  the  bonds 
specifically  described  in  paragraph  Third  of  the  granting 
and  pledging  clauses  of  this  indenture,  and  any  other 
bonds  (1)  secured  by  a mortgage  to  a trustee  which  shall 
at  all  times  be  the  same  corporation  as  the  Trustee  here- 
under, duly  created  by  a subsidiary  company  and  con- 
stituting, save  and  except  only  the  lien  of  this  indenture 
or  of  a mortgage  securing  bonds  on  account  of  the 
acquisition,  redemption  or  payment  whereof,  bonds  may 
at  the  time  be  reserved  under  this  indenture,  a first 
mortgage  upon  all  the  properties  at  the  time  owned  by 
such  subsidiary  company,  and  (2)  so  long  as  such  authori- 
zation, approval  or  other  sanction  shall  be  required  by  law, 
which  have  been  issued  with  or  upon  the  authority,  ap- 
proval or  other  sanction  of  the  Michigan  Railroad  Commis- 
sion or  any  analogous  body  at  the  time  invested  with 
power  in  respect  of  such  authorization,  approval  or  other 
sanction  which  may  succeed  to  or  be  substituted  for  said 
Michigan  Railroad  Commission,  and  (3)  the  forms  of  which 
bonds  and  the  mortgage  securing  the  same  have  been  ap- 
proved in  writing  by  counsel  satisfactory  to  the  Trustee. 


13 


At  the  date  hereof  there  are  outstanding  the  following 
mortgages,  hereinafter  termed  underlying  mortgages,  se- 
curing the  following  outstanding  bonds,  hereinafter  termed 
underlying  bonds: 

1.  A first  mortgage  and  trust  deed,  dated  December  1, 
1904,  made  by  the  Commonwealth  Power  Company  to  the 
First  Trust  and  Savings  Bank  (Chicago)  as  trustee,  under 
which  there  are  now  outstanding  First  Mortgage  Twenty- 
Year  Five  Per  Cent.  Gold  Bonds  of  said  Commonwealth 
Power  Company,  aggregating  $2,689,000  face  amount; 

2.  A first  mortgage  and  deed  of  trust  dated  March  1, 
1906,  made  by  the  Grand  Rapids-Muskegon  Power  Com- 
pany to  the  First  Trust  and  Savings  Bank  (Chicago)  as 
trustee,  under  which  there  are  now  outstanding  First 
Mortgage  Twenty-Five  Year  Five  Per  Cent.  Gold  Bonds  of 
said  Grand  Rapids-Muskegon  Power  Company,  aggregating 
$2,215,000  face  amount ; 

3.  A first  mortgage  and  deed  of  trust  dated  May  1,  1902, 
made  by  the  Grand  Rapids  Edison  Company,  a New 
Jersey  corporation,  (the  entire  outstanding  capital  stock  of 
which  except  $92,500  face  amount  of  the  preferred  stock 
thereof  is  owned  by  the  Grand  Rapids-Muskegon  Power 
Company  and  pledged  under  its  first  mortgage  above 
mentioned)  to  the  American  Trust  and  Savings  Bank 
(Chicago)  as  trustee,  under  wThich  there  are  now  outstand- 
ing First  Mortgage  Five  Per  Cent.  Gold  Bonds  of  said 
Company,  aggregating  $972,000  face  amount ; and 

4.  A first  mortgage  and  deed  of  trust,  dated  May  1, 
1900,  made  by  the  Lowell  Water  and  Light  Company  to  the 
American  Loan  and  Trust  Company  (Boston)  as  trustee, 
under  which  there  are  now  outstanding  First  Mortgage 
Twenty  Year  Gold  Bonds  of  said  Company  aggre- 
gating $12,900  face  amount,  the  property  covered  by  said 
mortgage  being  now  owned  by  said  Grand  Rapids  Edison 
Company. 


Underlying 

mortgages. 


To  have  and  to  hold  all  and  singular  the  said  premises,  Habendum. 


14 


Grant  in  trust. 


properties,  bonds,  shares  of  stock  and  other  obligations 
and  securities,  rights,  income,  and  also  all  other  property 
and  interests  of  any  kind  and  of  every  nature,  that  by 
virtue  of  any  provision  hereof  shall  hereafter  become  sub- 
ject to  this  indenture,  to  the  Trustee,  its  successors  and 
assigns,  forever: 

But  in  trust,  nevertheless,  under  and  subject  to  the 
conditions  hereinafter  set  forth,  for  the  equal  and  propor- 
tionate benefit  and  security  of  all  present  and  future 
holders  of  the  bonds  and  interest  obligations  issued  and  to 
be  issued  under  this  indenture  and  to  secure  the  payment 
of  such  bonds  and  interest  obligations  when  payable  in  ac- 
cordance with  the  provisions  of  such  bonds  and  interest 
obligations,  and  to  secure  the  performance  of  the  covenants 
and  agreements  of  the  Power  Company  in  this  indenture 
set  forth,  without  preference,  priority  or  distinction  as  to 
the  lien  or  otherwise  of  any  one  bond  over  any  other  bond 
by  reason  of  the  priority  in  the  issue,  sale  or  negotiation 
thereof  or  by  reason  of  the  purpose  of  its  issue  or  by  reason 
of  any  other  cause;  and  after  payment  of  the  principal  and 
interest  of  such  bonds  and  interest  obligations  or  after 
provision  for  the  satisfaction  thereof  as  hereinafter  author- 
ized, then  upon  the  further  trusts  hereinafter  set  forth. 

And  it  is  hereby  covenanted  and  agreed  that  all  such 
bonds  with  the  coupons  for  interest  pertaining  thereto  are 
to  be  issued,  authenticated  and  delivered,  and  that  all 
property  subject  or  to  become  subject  to  the  lien  or  pro- 
visions of  this  indenture  is  to  be  held,  subject  to  the  further 
covenants,  conditions,  uses  and  trusts  hereinafter  set  forth; 
and  the  Power  Company,  for  itself,  its  successors  and 
assigns,  does  covenant  and  agree  with  the  Trustee  and 
with  the  respective  holders  from  time  to  time  of  said  bonds 
and  coupons  or  any  part  thereof  as  follows,  to  wit  : 


15 


ARTICLE  ONE. 

Execution  and  Registration  of  Bonds. 

Section  1.  The  bonds  to  be  issued  under  and  secured  by 
this  indenture  and  the  coupons  pertaining  to  the  bonds 
shall  respectively  be  substantially  of  the  tenor  and  purport 
above  recited,  and  said  bonds  shall  be  known  as  Con- 
sumers Power  Company  First  Lien  and  Refunding 
Five  Per  Cent.  Twenty-Five  Year  Gold  Bonds.  The 
aggregate  of  all  the  bonds  which  may  be  issued  under  this 
indenture  shall  not  exceed  the  aggregate  principal  face 
amount  of  thirty-five  million  dollars  ($35,000,000)  at  any 
time  outstanding.  The  bonds  hereby  secured  shall  be  of 
the  denomination  of  one  thousand  dollars,  and  shall  be 
dated  as  of  January  2,  1911,  and  shall  be  numbered  con- 
secutively from  one  (1)  upwards. 

Section  2.  The  Power  Company  will,  at  the  office 
of  the  Trustee  and  also  at  an  office  or  agency  of 
the  Power  Company  in  the  City  of  New  York,  upon 
presentation  of  any  of  the  bonds  for  such  purpose  and 
under  such  reasonable  regulations  as  it  may  prescribe,’ 
register,  without  charge  or  expense  to  the  holder,  the 
ownership  of  the  principal  thereof.  Such  registry  shall 
be  noted  on  the  bond,  after  which  no  transfer  shall  be  valid 
unless  made  by  the  registered  holder  in  person  or  by  his 
attorney  duly  authorized,  and  similarly  noted  on  the  bond, 
but  the  said  bond  may  be  discharged  from  registry  by 
being  in  like  manner  re-transferred  to  bearer,  after  which 
it  shall  be  transferable  by  delivery.  Any  bond  trans- 
ferred as  payable  to  bearer  may  be  registered  again  in 
the  name  of  the  holder  thereof  with  the  same  effect  as  a 
first  registration  thereof.  Successive  registrations  and 
transfers  as  aforesaid  may  be  made  from  time  to  time  as 
desired,  and  each  registration  of  a bond  shall  be  noted 
thereon.  No  such  registration  shall  affect  the  negotia- 
bility of  the  coupons  belonging  to  any  bond,  but  the  cou- 


Descrlption  of 
bond  issue. 


Registration 
of  bonds. 


16 


Execution  of 
bonds. 


Certificate  of 
Trustee  on 
bonds  and 
effect  thereof. 


pons  shall  continue  to  pass  by  delivery  and  shall  remain 
payable  to  bearer. 

Section  3.  All  bonds  issued  hereunder  from  time  to 
time  shall  be  signed  on  behalf  of  the  Power  Company  by 
its  president  or  one  of  its  vice-presidents,  and  its  corporate 
seal  shall  be  thereunto  affixed  and  attested  b}^  its  secretary 
or  one  of  its  assistant  secretaries.  The  bonds  shall  then 
be  delivered  to  the  Trustee  for  authentication  by  it,  and 
the  Trustee  shall  authenticate  and  deliver  said  bonds  as  in 
Article  Two  hereof  provided  and  not  otherwise. 

In  case  any  officer  who  shall  have  signed  or  sealed  any 
of  the  bonds  shall  cease  to  be  such  officer  of  the  Power 
Company  before  the  bonds  so  signed  or  sealed  shall  have 
been  actually  authenticated  and  delivered  by  the  Trustee, 
such  bonds,  nevertheless,  may  be  authenticated  and  de- 
livered as  though  such  officer  who  signed  or  sealed  such 
bonds  had  not  ceased  to  be  an  officer  of  the  Power  Com- 
pany. The  coupons  to  be  attached  to  the  bonds  shall  be 
authenticated  by  the  engraved  fac-simile  signature  of 
Geo.  E.  Hardy,  the  present  treasurer  or  of  any  future 
treasurer  of  the  Power  Company,  and  the  Power  Com- 
pany may  adopt  and  use  for  that  purpose  the  engraved 
signature  of  any  person  who  shall  have  been  such  treas- 
urer notwithstanding  the  fact  that  he  may  have  ceased 
to  be  such  treasurer  at  the  time  when  such  bonds  shall  be 
actually  authenticated  and  delivered.  Before  authenticat- 
ing or  delivering  any  bond,  all  coupons  thereon  then  ma- 
tured shall  be  cut  off  and  canceled  and  on  its  written  de- 
mand delivered  to  the  Power  Company. 

Only  such  bonds  as  shall  bear  thereon  indorsed  a certifi- 
cate substantially  in  the  form  hereinbefore  mentioned, 
duly  signed  on  behalf  of  the  Trustee,  shall  be  secured  by 
this  indenture  or  entitled  to  any  lien,  right  or  benefit  here- 
under. No  such  bond  shall  constitute  or  evidence  a con- 
tract of  the  Power  Company  or  be  valid  or  obligatory 
for  any  purpose  unless  and  until  the  same  has  been 
authenticated  as  aforesaid,  by  the  Trustee.  Such  certifi- 
cate of  the  Trustee  upon  any  such  bond,  signed  and  sealed 


IT 


on  behalf  of  the  Power  Company,  shall  be  conclusive  and 
the  only  evidence  that  the  bond  so  authenticated  has  been 
duly  issued  hereunder  and  that  the  holder  or  registered 
owner  is  entitled  to  the  benefit  of  the  trusts  hereby  cre- 
ated, and  that  the  said  bond  evidences  a binding  contract 
and  is  a valid  obligation  of  the  Power  Company. 

Section  4.  As  to  all  bonds  registered  as  to  principal,  the 
person  in  whose  name  the  same  shall  be  registered  shall 
for  all  purposes  of  this  indenture  be  deemed  and  regarded 
as  the  owner  thereof,  and  thereafter  payment  of  the  prin- 
cipal of  such  registered  bonds  shall  be  made  only  to  or 
upon  the  order  of  such  registered  holder  thereof.  All  such 
payments  shall  be  valid  and  effectual  to  satisfy  and  dis- 
charge liability  upon  such  bonds  to  the  extent  of  the  sum 
or  sums  so  paid.  The  Power  Company  and  the  Trustee 
may  deem  and  treat  the  bearer  of  any  bond  which  shall 
not  at  the  time  he  registered  as  to  principal  and  the  bearer 
of  any  coupon  for  interest  upon  any  bond,  whether  such 
bond  shall  be  registered  or  not,  as  the  absolute  owner 
of  such  bond  or  coupon  for  the  purpose  of  receiving  pay- 
ment thereof  and  for  all  other  purposes  whatsoever,  and 
the  Power  Company  and  the  Trustee  shall  not  be  affected 
by  any  notice  to  the  contrary. 

Section  5.  Until  the  definitive  bonds  can  be  engraved 
and  printed  the  Power  Company  may  sign  and  seal  and  upon 
its  request  the  Trustee  shall  authenticate  and  deliver,  in 
lieu  of  such  engraved  bonds  and  subject  to  the  same  provi- 
sions, limitations  and  conditions,  temporary  printed  or 
lithographed  bonds,  substantially  of  the  tenor  of  the  defini- 
tive bonds,  except  that  no  coupons  shall  be  attached  to 
such  temporary  bonds  and  that  such  temporary  bonds  may 
be  for  one  thousand  dollars  of  principal  or  any  multiple 
thereof.  Each  such  temporary  bond  shall  bear  upon  its 
face  the  words  “Temporary  First  Lien  and  Refunding 
Five  Per  Cent.  Twenty-Fi ve-Year  Gold  Bond,”  and 
shall  be  authenticated  by  the  Trustee  in  like  manner  as 
hereinabove  provided  for  the  definitive  bonds  ; and  the 


Ownership  of 
bonds. 


Temporary- 

bonds. 


18 


Replacement 
of  mutilated 
and  destroyed 
bonds. 


authentication  by  the  Trustee  shall  be  the  only  and  con- 
clusive evidence  that  the  bond  so  authenticated  has  been 
duly  issued  hereunder  and  that  the  holder  is  entitled  to  the 
benefit  of  this  indenture. 

Such  temporary  bonds  shall ' be  exchangeable,  without 
charge  or  expense  to  the  holder,  for  a like  face  amount  of 
temporary  bonds  of  different  denominations,  or  definitive 
engraved  bonds  when  the  same  are  engraved  and  ready 
for  delivery  ; and  upon  the  surrender  of  any  such  tem- 
porary bonds  for  exchange  such  temporary  bonds  shall 
forthwith  be  canceled  by  the  Trustee  and  delivered  to  the 
Power  Company  on*  its  written  demand,  and  the  Power 
Company  at  its  own  expense  shall  issue  and  the  Trustee 
shall  authenticate  and  deliver  in  exchange  therefor,  tem- 
porary or  engraved  bonds  for  the  same  aggregate  principal 
amount  as  the  temporary  bonds  surrendered.  Until  so  ex- 
changed, each  of  said  temporary  bonds  in  all  respects  shall 
be  entitled  to  the  lien  and  security  of  this  indenture  as  a 
definitive  bond  issued  and  authenticated  hereunder;  and 
interest  thereon  when  and  as  payable  shall  be  paid  and 
indorsed  thereon.  Each  such  temporary  bond  shall  be 
surrendered  to  and  canceled  by  the  Trustee  before  it  shall 
deliver  any  bond  or  bonds  to  replace  such  temporary  bond. 

Section  6.  In  case  any  bond  issued  hereunder  shall  be- 
come mutilated  or  be  destroyed  or  lost,  the  Power  Com- 
pany in  its  discretion  may  make  and  thereupon  the  Trustee 
shall  authenticate  and  deliver  in  substitution  therefor,  a 
new  bond  of  like  tenor  and  date  and  bearing  the  same 
serial  number  as  the  bond  so  mutilated,  destroyed  or  lost. 
In  case  of  mutilation  the  applicant  for  such  bond  shall 
surrender  the  mutilated  bond  and  the  coupons  pertaining 
thereto  for  cancellation.  In  case  of  destruction  or  loss,,  the 
applicant  for  a substituted  bond  and  coupons  shall  furnish 
to  the  Power  Company  and  also  to  the  Trustee  evidence  to 
the  satisfaction  of  each  of  them  of  the  destruction  or  loss 
of  such  bond  and  coupons  and  also  such  security  or  in- 
demnity as  may  be  required  by  the  Power  Company  and 
the  Trustee. 


19 


ARTICLE  TWO. 

Authentication  and  Appropriation  of  Bonds. 

Section  1.  Four  million  forty-four  thousand  dollars 
($4,014,000)  face  amount  of  the  bonds  hereby  secured  shall 
be  signed  and  sealed  by  the  Power  Company  and  be 
authenticated  and  delivered  by  the  Trustee  upon  the 
written  order  of  the  Power  Company,  signed  by  its  presi- 
dent or  vice-president  and  its  treasurer  or  one  of  its  assistant 
treasurers,  upon  the  delivery  to  the  Trustee  hereunder  of 
the  approved  bonds,  certificates  for  shares  of  stock  and 
notes  specifically  described  in  paragraphs  third,  fourth  and 
fifth  of  the  granting  and  pledging  clauses  of  this  indenture. 

Section  2.  Not  exceeding  six  million  one  hundred  and 
eighty-eight  thousand  dollars  ($6,188,000)  face  amount  of 
bonds  hereby  secured  shall,  from  time  to  time,  be  signed 
and  sealed  by  the  Power  Company  and  be  authenticated 
and  delivered  by  the  Trustee  upon  the  written  order  of  the 
Power  Company  signed  by  its  president  or  one  of  its  vice- 
presidents  and  its  treasurer  or  one  of  its  assistant  treas- 
urers, to  an  amount  or  amounts  in  face  value  not  exceeding 
the  reasonable  cost  to  the  Power  Company  or  a subsidiary 
company  of  acquiring  by  purchase  or  exchange  or  of  pro- 
viding the  funds  to  redeem  or  pay,  in  accordance  with  the 
terms  thereof,  any  or  all  of  the  $5,889,000  face  amount  of 
underlying  bonds  outstanding  at  the  date  hereof  (including 
bonds  acquired,  redeemed  or  paid  under  the  sinking  fund 
provisions  of  any  underlying  mortgage) ; provided,  that 
such  underlying  bonds  uncanceled,  with  all  unpaid  and  un- 
matured coupons  pertaining  thereto  attached,  or,  in  lieu 
thereof,  at  least  an  equal  face  amount  of  approved  bonds 
shall  be  delivered  to  the  Trustee  to  be  held  by  the  Trustee 
under  and  subject  to  the  provisions  of  Article  Five  of  this 
indenture  ; it  being  understood  that  in  case  the  properties 
covered  by  the  mortgage  securing  any  underlying  bonds 
shall  have  been  conveyed  to  the  Power  Company  and  sub- 


First  issue 
of  $4,044,000 
provided  for. 


Not  exceeding 
$6,188,000 
reserved  to 
refund 
underlying 
bonds. 


20 


jected  to  the  lien  hereof,  the  Power  Company  may, 
at  its  option,  instead  of  depositing  with  the 
Trustee  such  underlying  bonds  or  approved  bonds 
as  aforesaid,  deliver  to  the  Trustee  a certificate 
signed  by  the  trustee  under  the  mortgage  securing 
such  underlying  bonds  showing  that  such  underlying  bonds 
have  been  paid  or  redeemed  or  that  there  has  been  deposited 
with  such  trustee  for  the  redemption  or  payment  thereof 
the  necessary  funds,  including  sinking  fund  payments  then 
on  hand,  but  excluding  funds  applicable  to  the  payment 
or  redemption  of  such  underlying  bonds  by  virtue  of  any 
insurance  or  partial  release  provisions  of  such  mortgage 
securing  the  same. 

There  shall  at  all  times  be  reserved  for  authentication 
and  delivery  under  the  provisions  of  this  section  2 a face 
amount  of  bonds  equal  to  the  face  amount  of  all  underly- 
ing bonds  which  shall  not,  at  the  time,  have  been  acquired, 
redeemed  or  paid  in  accordance  with  the  provisions  of  this 
section  2. 


$24,768,000  and 
such  of  the 
$6,188,000  of 
bonds  as  may 
remain 
unissued 
after  all 
underlying 
bonds  shall 
have  been 
acquired 
reserved  for 
extensions, 
enlargements 
and  additions. 

f 


Section  3.  Twenty-four  million  seven  hundred  and 
sixty-eight  thousand  dollars  ($24,768,000)  face  amount  of 
the  bonds  hereby  secured,  and  also  such  of  the  $6,188,000 
face  amount  of  bonds  mentioned  in  the  foregoing  section 
2 of  this  Article  Two  as  may  remain  unissued  after  all  of  the 
underlying  bonds  shall  have  been  acquired,  redeemed  or 
paid,  and  canceled,  shall  from  time  to  time  be  authenti- 
cated and  delivered  by  the  Trustee  upon  the  written  order 
of  the  Power  Company  to  a face  amount  not  exceeding 
eighty  per  cent.  (80^)  of  the  actual  and  reasonable 
cash  expenditures  for  and  fair  value  of  (a)  any  electric 
generating,  transmission,  distribution  or  water  power 


plant  or  system  in  the  State  of  Michigan  acquired,  as 
an  entirety  or  substantially  so,  by  the  Power  Company  or 
a subsidiary  company  after  December  31,  1910,  or  (6) 
permanent  extensions,  enlargements  and  additions 
of  and  to  the  real  estate,  plants,  machinery,  equipment 
and  other  fixed  property,  in  said  State,  of  the  Power  Com- 


21 


pany  or  a subsidiary  company  purchased  or  constructed 
after  said  December  31,  1910. 

In  case  the  Power  Company  shall  at  any  time  hereafter 
apply  for  the  authentication  and  delivery  of  bonds  here- 
under on  account  of  the  acquisition  by  the  Power  Com- 
pany or  a subsidiary  company  of  any  property  which  shall 
be  subject  to  or  be  chargeable  with  the  payment  of  any 
existing  indebtedness,  the  principal  amount  of  such  in- 
debtedness shall  be  included  as  a part  of  the  cash  cost  of 
such  property  in  computing  the  amount  of  bonds  to  be 
authenticated  and  delivered  hereunder  on  account  of  such 
acquisition;  provided  that  of  such  bonds  an  amount  in  face 
value  equal  to  the  principal  of  such  indebtedness  shall  be 
reserved  by  the  Trustee  without  authentication,  and 
shall  from  time  time  thereafter  be  authenticated  and 
delivered  by  the  Trustee,  upon  the  order  of  the  Power 
Company,  as  and  only  to  the  extent  that  (a)  payments  may 
be  made  from  time  to  time  on  the  principal  of  such  in- 
debtedness out  of  funds  other  than  funds  applicable  to  the 
payment  of  such  indebtedness  by  virtue  of  any  insurance 
or  partial  release  provisions  of  any  mortgage  or  other  in- 
strument securing  such  indebtedness,  or  (b)  the  evidences 
of  such  indebtedness  may  be  acquired  under  the  sinking  fund 
provisions  of  such  mortgage  or  other  instrument ; and  pro- 
vided further  that  no  bonds  shall  at  any  time  be  authenti- 
cated and  delivered  on  account  of  the  purchase  price  of  any 
such  incumbered  plants  or  properties  when  the  aggregate 
amount  of  bonds  so  required  to  be  reserved  by  the  Trustee 
without  authentication,  including  bonds  then  reserved  on 
account  of  the  indebtedness  against  previously  acquired 
incumbered  plants  or  property,  shall  exceed  the  aggregate 
sum  of  $1,000,000  face  amount. 

The  Trustee  shall  from  time  to  time,  upon  the  order  of 
the  Power  Company,  authenticate  and  deliver  any  of  the 
bonds  of  the  Power  Company  mentioned  in  this  section  3 
upon  deposit  with  the  Trustee  by  the  Power  Company  of 
a sum  in  cash  equal  to  the  face  amount  of  the  bonds  so 
authenticated  and  delivered;  provided,  however,  that  the 


Authentica- 
tion and 
delivery  of 
bonds  on 
acquisition  of 
property. 


Deposit  and 
application  of 
proceeds. 


22 


Limitations 
upon  issue  of 
bonds. 


amount  of  such  cash  on  deposit  with  the  Trustee  under  this 
provision  shall  not  at  any  one  time  exceed  the  sum  of  seven 
hundred  and  fifty  thousand  dollars  ($750,000).  Such  cash 
so  deposited  may  from  time  to  time  be  withdrawn  upon  the 
order  of  the  Power  Company  to  an  amount  or  amounts  not 
exceeding  eighty  per  cent.  (80$)  of  the  actual  and  reason- 
able cash  expenditures  for  and  fair  value  of  any  such  plant, 
system,  extensions,  enlargements  and  additions,  and  until 
so  wfithdrawm  shall  constitute  part  of  the  mortgaged  and 
pledged  property. 

No  bonds  shall,  however,  be  authenticated  under  the 
provisions  of  this  section  3 unless,  for  a period  of  twelve 
calendar  months  ending  not  more  than  sixty  (60)  days 
prior  to  the  application  for  such  authentication  the  com- 
bined (a)  income  by  way  of  rentals  and  lease  moneys 
from  subsidiary  companies  for  lands  which  are  at  the 
time  of  such  application  subject  to  the  direct  lien  of 
this  indenture  and  (b)  earnings  from  the  operation  of 
the  plants  and  properties  at  the  time  of  such  application 
owned  by  the  Power  Company  and  subsidiary  companies, 
after  deducting  from  such  income  and  earnings  all 
operating  expenses,  including  taxes,  rentals,  insur- 
ance and  reasonable  and  proper  expenditures  for  main- 
tenance and  renewals,  shall  have  been  (1)  in  the  case 
of  each  application  for  the  authentication  and  delivery  of 
any  or  all  of  the  first  one  million  five  hundred  thousand 
dollars  ($1,500,000)  face  amount  of  bonds  under  this 
section  3,  one  and  one-half  times,  and  (2)  in  the  case  of 
each  application  for  the  authentication  and  delivery  of  any 
and  all  additional  bonds  under  this  section  3,  one  and 
three-quarters  times,  the  total  annual  interest  charges  on 
or  because  of  (a)  all  bonds  then  outstanding  hereunder, 
including  the  bonds  for  the  authentication  and  delivery  of 
which  application  is  then  made  hereunder,  (b)  any  and  all 
then  outstanding  bonds  and  indebtedness  secured  by  a lien 
or  liens  prior  to  that  of  this  indenture  bn  the  mortgaged 
and  pledged  property  or  any  part  thereof,  and  (c)  any  and 
all  then  outstanding  underlying  bonds  and  other  bonds  and 
indebtedness  of  subsidiary  companies,  together  with  an 


23 


amount  equal  to  six  per  cent.  (6%)  of  the  par  value  of  any 
then  outstanding  shares  of  preferred  stock  of  subsidiary 
companies. 

The  word  “ outstanding  ” as  used  in  this  section  3 
shall  not  include  or  be  construed  to  mean  any  bonds, 
indebtedness  or  shares  of  preferred  stock  of  any  subsidiary 
company  at  the  time  owned  by  the  Power  Company  or 
held  under  and  subject  to  the  provisions  of  an  underlying 
mortgage  or  a mortgage  securing  approved  bonds. 

No  bonds  shall  be  authenticated  and  no  cash  shall  be 
withdrawn  under  the  provisions  of  this  section  3,  on 
account  of  expenditures  (1)  made  for  the  acquisition  of 
any  real  estate  or  the  construction  of  any  plants,  build- 
ings or  other  improvements  thereon  unless  said  real 
estate  shall  have  been  specifically  subjected  to  the  lien  of 
this  indenture  or  to  the  lien  of  a mortgage  securing 
approved  bonds  ; (2)  made  out  of  any  insurance  moneys 
received  by  the  Power  Company  or  a subsidiary  company  ; 
(3)  made  out  of  proceeds  from  the  sale  of  any  property 
of  the  Power  Company  or  a subsidiary  company;  (4)  made 
the  basis  for  the  withdrawal  from  the  special  trust  fund 
mentioned  in  Article  Four  of  this  indenture  ; (5)  made 
for  properties  and  equipment  against  which  there  are 
outstanding  at  the  time  any  valid  contractors’,  mechanics’ 
or  vendors’  liens ; (6)  previously  made  the  basis  for  the 
authentication  of  bonds  or  the  withdrawal  of  cash 
under  the  provisions  of  this  section  3 ; (7)  made  out  of 
the  proceeds  of  any  of  the  bonds  mentioned  in  section 
1 of  this  Article  Two  ; or  (8)  made  for  the  development 
of  any  water  power  not  at  the  date  hereof  actually 
in  course  of  construction  or  for  the  acquisition,  as 
an  entirety  or  substantially  so,  of  any  electric  gener- 
ating, transmission,  distribution  or  water  power  plant 
or  system,  unless  and  until,  in  each  instance,  there 
shall  have  been  filed  with  the  Trustee  the  written  opinion 
of  a competent  engineer  selected  or  approved  by  the  Trus- 
tee that  such  expenditures  for  such  development,  purchase 
or  acquisition  are  advisable  from  the  standpoint  of  the 


Definition  of 
“outstand- 
ing.” 


Limitations 
upon  issue  of 
bonds 
continued. 


24 


Definition  of 
“ permanent  ” 
in  connection 
with  words 
“ enlarge- 
ments, exten- 
sions or 
additions.” 


Power  Company  and  that  the  same  will  not  in  any  man- 
ner impair,  diminish  or  endanger  the  security  of  the  hold- 
ers of  the  bonds  issued  hereunder,  it  being  understood  that 
the  fair  value  of  any  such  electric  generating,  transmission, 
distribution  or  water  power  plant  or  system  acquired  as  an 
entirety  or  substantially  so,  shall  be  limited  to  the  fair 
value  of  the  physical  property  constituting  such  plant 
and  system  as  determined  by  such  engineer  and  by  him 
certified  to  the  Trustee  without  considering  any  earning 
power,  franchises  or  good  will  of  or  pertaining  to  such 
plant  and  system. 

No  bonds  shall  be  authenticated  and  no  cash  shall  be 
withdrawn  under  the  provisions  of  this  section  3 for  or 
on  account  of  expenditures  or  payments  by  any  subsidiary 
company,  unless  prior  to  or  concurrently  with  such  authen- 
tication or  withdrawal  there  shall  be  delivered  to  the 
Trustee  to  be  held  under  and  subject  to  the  provisions  of 
Article  Five  of  this  indenture  all  approved  bonds  of  such 
subsidiary  company  issued  or  entitled  to  be  issued  on 
account  of  such  expeditures,  the  face  amount  of  which 
approved  bonds  shall  be  equal  to  at  least  112|$  of  the  face 
amount  of  the  bonds  so  authenticated  hereunder  or  of  the 
cash  so  withdrawn. 

The  word  “ permanent  ” or  any  similar  expression  herein 
contained  when  used  in  connection  with  the  words  ‘ 4 en- 
largements, extensions  or  additions,”  shall  not  be  construed 
to  mean  or  to  include  such  repairs  and  replacements  as  may 
be  necessary  to  keep  and  maintain  in  good  and  business- 
like working  order  and  condition  the  property  subject  and 
provided  to  be  subjected  to  the  lien  of  this  indenture  or  to 
the  lien  of  a mortgage  of  a subsidiary  company;  and  no 
bonds  shall  be  issued  under  this  indenture  for  the 
purpose  of  providing  funds  thus  to  keep  and  maintain 
such  properties  in  such  order  and  condition  nor  for 
replacing  old  or  worn-out  property;  provided,  however, 
that  whenever  old  or  worn-out  property  is  replaced  by 
property  of  greater  cost  than  the  original  cost  of  the 
old  or  worn-out  property,  then  such  excess  of  cost  of 


25 


such  new  property  acquired  in  exchange  or  substitution 
for  such  old  or  worn-out  property  and  such  excess  only 
shall  be  deemed  enlargements,  extensions  or  additions, 
for  which  bonds  may  be  authenticated  and  delivered  under 
this  indenture. 

Every  order  of  the  Power  Company  for  the  authentica- 
tion and  delivery  of  bonds  or  the  withdrawal  of  cash  under 
the  provisions  of  this  section  3,  shall  be  executed  in  the 
name  of  the  Power  Company,  by  its  president  or  vice-presi- 
dent and  attested  by  its  secretary  or  assistant  secretary 
under  its  corporate  seal,  and  shall  be  delivered  to  the 
Trustee,  accompanied  by  a certified  copy  of  a resolution  of 
the  board  of  directors  of  the  Power  Company  authorizing 
such  order,  and  also  by  the  sworn  statements  of  the 
president  or  vice-president  and  of  the  engineer  and  the 
treasurer  or  assistant  treasurer  of  the  Power  Company 
showing  the  existence  of  all  facts  in  relation  to  the  expen- 
ditures, earnings  and  interest  charges  of  the  Power  Com- 
pany necessary  to  entitle  the  Power  Company,  under  the 
provisions  of  this  section  3,  to  the  authentication  and  de- 
livery of  such  bonds  or  the  withdrawal  of  such  cash. 

The  Trustee  shall  be  fully  protected  in  acting  upon  any 
such  order  accompanied  by  such  certified  copy  of  a resolu- 
tion and  by  such  sworn  statements.  The  Trustee  however 
shall  have  the  right  but  shall  not  be  obliged  to  require  the 
Power  Company  to  furnish  any  further  evidence  which  the 
Trustee  may  deem  advisable  or  necessary  in  the  premises 
in  order  to  establish  the  right  of  the  Power  Company  to 
the  authentication  and  delivery  of  any  bonds  or  the  with- 
drawal of  any  cash  mentioned  in  such  order ; and  the 
Trustee  may  in  its  discretion  cause  to  be  made  such  inde- 
pendent investigation  as  it  may  see  fit  in  respect  of  any 
and  all  matters  mentioned  in  any  such  order,  resolution  or 
statement ; and  the  Trustee  may  cause  the  books  and 
vouchers  of  the  Power  Company  and  of  the  successors, 
assigns  and  lessees  of  the  Power  Company,  and  of 
the  subsidiary  companies,  to  be  examined  by  some 
accountant  selected  or  approved  by  it  for  the  purpose 


Order  for 
withdrawal  of 
bonds. 


Directors’ 

resolution. 


Upon  what 
Trustee  may 
rely. 


26 


Order  for 
authentication 
and  delivery 
of  bonds. 


Trustee  not 
required  to 
authenticate 
bonds  when 
Power  Com- 
pany in 
default. 


To  pay  prin- 
cipal and 
interest. 


and  believed  by  the  Trustee  to  be  competent  and  disin- 
terested. The  expense  involved  in  each  such  examination 
and  investigation  and  the  report  thereof  to  the  Trustee 
shall  be  paid  by  the  Power  Company. 

Section  4.  Every  order  for  the  authentication  and 
delivery  of  bonds  or  the  withrawal  of  cash  under  any  pro- 
vision of  this  article  shall  be  accompanied  by  the  written 
opinion  of  counsel  selected  or  approved  by  the  Trustee,  to 
the  effect  that  the  Power  Company  has  complied  with  all 
conditions  precedent  to  the  authentication  and  delivery  of 
the  bonds  or  the  withdrawal  of  the  cash  specified  in  such 
order,  and  that  any  such  bonds  when  authenticated  and 
delivered  by  the  Trustee  will  be  the  valid  legal  obligations 
of  the  Power  Company  and  entitled  to  the  security  of  this 
indenture.  The  Trustee  shall  be  fully  protected  in  rely- 
ing upon  any  such  opinion  of  counsel  not  only  as  to  the 
opinions  expressed  therein  but  also  as  to  any  statements  of 
fact  made  therein. 

Section  5.  The  Trustee  shall  not  be  required  to  authen- 
ticate or  deliver  any  bonds  hereunder  when  the  Power 
Company  shall,  to  the  knowledge  of  the  Trustee,  be  in  de- 
fault in  respect  of  any  covenant,  condition  or  agreement 
contained  in  this  indenture. 

ARTICLE  THREE. 

Particular  Covenants  of  the  Power  Company. 

Section  1.  The  Power  Company  covenants  that  it  will 
duly  and  punctually  pay  the  principal  of  the  bonds  hereby 
secured,  at  the  maturity  of  said  bonds,  without  deduction 
for  any  United  States,  State,  county,  municipal  or  other 
taxes,  assessments  or  governmental  or  other  charges 
which  the  Power  Company  or  the  Trustee  may  be  re- 
quired to  pay  or  to  deduct  or  retain  therefrom  by  reason 
of  any  present  or  future  law,  and  that  it  will  duly  and 


27 


punctually  pay  any  and  all  such  taxes,  assessments  and 
charges,  and  that  at  least  three  days  prior  to  the  date  on 
which  each  instalment  of  interest  on  said  bonds  will  be- 
come due  or  within  such  shorter  period  prior  to  said  date 
as  the  Trustee  may  in  writing  allow  for  that  purpose,  it 
will  deposit  with  the  Trustee  the  entire  amount  necessary 
to  pay  the  coupons  due  on  such  interest  date  on  all  said 
bonds  then  outstanding,  without  deduction  for  any  such 
tax,  assessment  or  governmental  or  other  charge  as  afore- 
said; and  each  such  instalment  of  interest  money  so  de- 
posited, shall  be  held  by  said  Trustee  as  a special  de- 
posit for  the  account  of  the  holder  or  holders  of  the  cou- 
pons due  on  such  interest  date  to  be  applied  by  said  Trustee 
directly  or  through  Harris,  Forbes  and  Company  or  its  suc- 
cessor, to  the  payment  of  such  coupons  upon  the  presenta- 
tion and  surrender  thereof;  and  such  coupons  so  paid  shall 
be  canceled  and  delivered  to  the  treasurer  of  the  Power 
Company  or  upon  his  order. 

Section  2.  The  Power  Company  covenants  (1)  that  it  is 
lawfully  seized  and  possessed  of  all  the  property  hereby 
mortgaged  and  pledged,  and  that  it  has  good  right  and 
lawful  authority  to  mortgage  and  pledge  the  same  as  pro- 
vided in  and  by  this  indenture,  and  it  will  at  all  times 
warrant  and  defend  the  title  thereto  to  the  Trustee,  its 
successors  or  assigns,,  for  the  benefit  of  the  holders  for 
the  time  being  of  the  bonds  issued  and  to  be  issued  here- 
under, against  the  lawful  claims  and  demands  of  all  per- 
sons whomsoever;  and  (2)  that  except  as  by  this  inden- 
ture otherwise  expressly  provided  this  indenture  is  and  will 
at  all  times  be  kept  a first  lien  upon  all  the  property  hereby 
mortgaged  and  pledged  now  owned  or  hereafter  acquired 
by  the  Power  Company  or  its  successors  or  assigns  ; and 
(3)  that  no  lien  or  charge  having  priority  to  or  preference 
over  the  lien  of  this  indenture  upon  the  property  hereby 
mortgaged  and  pledged  or  any  part  thereof  or  upon  the 
income  therefrom,  except  only  any  mortgage  on  any  prop- 
erty hereafter  acquired,  as  by  this  indenture  authorized, 


Covenants  of 
warranty. 


—To  keep 
indenture  a 
first  lien  on 
mortgaged 
property. 


J 


28 

and  existing  at  the  date  of  such  acquisition,  will  be  created 
or  suffered  or  permitted  to  be  created  or  to  exist ; and  (4) 
that  neither  the  value  of  the  mortgaged  property,  except 
as  affected  by  a reasonable  and  proper  use  thereof,  nor  the 
lien  and  security  of  this  indenture,  will  be  diminished  or 
impaired  in  any  way  as  a result  of  any  action  or  non-action 
on  the  part  of  the  Power  Company  or  any  of  the  subsidiary 
companies,  or  its  or  their  successors  or  assigns. 

The  Power  Company  covenants  that  it  has  lawful 
right  and  authority  to  own,  hold,  mortgage  and  pledge 
the  property  hereby  mortgaged  and  pledged  and  agreed 
and  intended  so  to  be ; that  each  of  the  subsidiary 
companies  has  like  lawful  right  and  authority  in  respect  of 
its  property  and  the  operation  and  maintenance  thereof;  that 
such  lawful  right  and  authority  shall  be  maintained  and  at 
all  times  continue  and  exist;  and  that  if  the  Trustee  shall  at 
any  time  be  advised  by  counsel  selected  or  approved  by  the 
Trustee  that  any  step,  act,  conveyance,  transfer  or  pro- 
ceeding is  necessary  to  be  taken  by  the  Power  Company  or 
any  of  the  subsidiary  companies  or  the  successor  or  assign 
of  either  of  them,  for  the  protection  of  the  rights  of  the 
Trustee  or  of  the  security  of  the  bondholders,  and  shall  re- 
quest that  any  such  step,  act,  conveyance,  transfer  or  pro- 
ceeding shall  be  taken,  done,  made  or  had  by  the  Power 
Company  or  any  such  subsidiary  company,  successor  or  as- 
sign, the  said  step,  act,  conveyance,  transfer  or  proceeding 
will  be  forthwith  taken,  done,  made  or  had;  and  in  case 
of  any  failure  in  any  of  said  respects  the  Trustee  is  hereby 
authorized  and  empowered,  and  irrevocably  constituted 
attorney  in  fact,  in  the  name  and  under  the  authority  of 
the  Power  Company  or  of  any  such  subsidiary  company,  its 
successor  or  assign,  and  at  the  expense  of  the  Power  Com- 
pany, to  take  such  steps,  do  such  acts,  make  such  convey- 
ances and  transfers  and  institute  and  conduct  such  pro- 
ceedings as  to  the  Trustee,  being  advised  by  counsel 
selected  or  approved  by  it,  may  seem  appropriate  or  ad- 
visable. 


29 


Section  3.  The  Power  Company  covenants  that  the 
principal  and  interest  of  all  underlying  bonds  and  other 
indebtedness  now  or  hereafter  secured  by  a lien  or  liens 
upon  any  part  of  the  property  of  the  subsidiary  companies 
or  upon  any  part  of  any  property  which  may  be  here- 
after acquired  or  belonging  to  a corporation  any  of  whose 
shares  of  stock  may  at  any  time  hereafter  be  acquired 
by  the  Power  Company  or  by  any  subsidiary  company, 
will  be  paid  at  or  before  the  respective  maturities  of  such 
bonds  and  other  indebtedness  ; that  all  the  covenants,  con- 
ditions and  agreements  of  the  respective  mortgages  or 
other  instruments  securing  such  bonds  or  other  indebted- 
ness will  be  in  all  respects  fully  complied  with  ; that  the 
aggregate  of  underlying  bonds  outstanding  at  the  date  of 
this  indenture  is  not  in  excess  of  $5,889,000  face  amount  ; 
that  no  additional  bonds  will  be  issued  und§r  any  of  the 
mortgages  securing  said  underlying  bonds ; that  the 
Power  Company  will  make  or  cause  to  be  made  provision 
effective  in  the  opinion  of  counsel  selected  or  approved  by 
the  Trustee  that  each  and  every  approved  bond  which  may 
at  any  time  be  authenticated  shall  not  be  deliverable  or 
delivered  otherwise  than  to  the  Trustee  for  the  time  being 
under  this  indenture  to  be  held  as  part  of  the  pledged  se- 
curities ; that  no  bonds  or  other  evidences  of  indebtedness 
will  be  issued  under  any  other  mortgage  of  any  subsidiary 
company  at  any  time  created  except  only  directly  to  the 
Trustee  hereunder  to  be  held  as  part  of  the  pledged  securi- 
ties ; and  that  in  case  the  Power  Company  shall  hereafter 
acquire  any  plants,  property  or  equipment  subject  to  any 
secured  indebtedness,  the  principal  of  such  indebtedness 
will  not  thereafter  be  increased. 

Section  4.  The  Power  Company  and  the  subsidiary 
companies  and  its  and  their  respective  successors  and 
assigns,  and  each  and  every  person  having  or  holding 
any  estate,  right,  title  or  interest  in  and  to  the  property 
hereby  mortgaged  and  pledged,  from  time  to  time  on  written 
demand  of  the  Trustee  or  its  successor  or  successors,  will 


—To  pay- 
outstanding 
underlying 
Ponds  and 
other 

indebtedness. 


—To  execute 
instruments  of 
further 
assurance. 


30 


To  pay  taxes. 


Covenant  as  to 
dividend 
declared  or 
paid  by  any 
subsidiary 
company. 


—as  to  divi- 
dend declared 
or  paid  by  the 
Power 
Company. 


make,  do,  execute  and  acknowledge  all  such  further  acts, 
deeds,  conveyances,  assignments,  transfers  and  assurances 
in  the  law  as  may  be  reasonably  advised,  devised  and  re- 
quired for  effectuating  the  intention  of  these  presents  and 
for  the  better  assuring  or  confirming  unto  the  Trustee,  and 
its  successor  or  successors  in  the  trust  hereby  created,  upon 
the  trusts  and  for  the  purposes  herein  expressed,  all  and 
singular  the  property  hereby  mortgaged  and  pledged  or 
intended  or  agreed  so  to  be. 

Section  5.  The  Power  Company  further  covenants  that 
it  will  pay  all  taxes,  assessments  and  governmental  charges 
assessed  against  the  property  covered  hereby  or  any  part 
thereof,  including  all  shares,  bonds  or  other  securities  held 
by  the  Trustee  hereunder,  or  upon  the  interest  of  the 
Trustee  therein,  so  that  the  lien  of  this  mortgage  shall  be 
maintained  unimpaired  at  all  times  during  the  continu- 
ance hereof ; provided  nevertheless  that  the  Power  Com- 
pany shall  have  the  right  to  contest  any  such  tax,  assess- 
ment or  charge,  and  pending  such  contest  may  delay  or 
defer  payment  thereof,  unless  thereby  in  the  opinion  of 
counsel  selected  or  approved  by  the  Trustee  the  rights  and 
security  of  the  bondholders  will  be  materially  endangered. 

Section  6.  The  Power  Company  covenants  that  no 
subsidiary  company  will  at  any  time  declare  or  pay  any 
dividend  on  any  of  its  capital  stock  except  out  of  sur- 
plus net  earnings  then  remaining  on  hand  after  deducting 
therefrom  all  operating  expenses  and  fixed  charges,  in- 
cluding in  such  operating  expenses  taxes,  insurance 
premiums  and  reasonable  expenditures  for  maintenance, 
renewals  and  repairs;  and  further,  that  the  Power  Com- 
pany will  not  at  any  time  declare  or  pay  any  dividend  on 
any  of  its  capital  stock  except  out  of  its  surplus  net 
earnings  then  remaining  on  hand  after  deducting  there- 
from all  operating  expenses  and  fixed  charges,  including 
in  such  operating  expenses  taxes,  insurance  premiums  and 
reasonable  expenditures  and  reserves  for  maintenance, 
renewals,  repairs  and  depreciation,  and  including  also  the 


31 


payments  to  the  special  trust  fund  in  Article  Four  of  this 
indenture  specified;  provided,  however,  that  any  payments 
into  the  said  special  trust  fund  may  be  considered  as  credits 
on  account  of  depreciation. 

If  at  any  time  any  dividend  shall  be  paid  or  any  dis- 
tribution to  stockholders  shall  be  made  by  the  Power  Com- 
pany or  by  any  subsidiary  company,  which  shall  at  the 
time  of  such  payment  or  distribution  be  in  contravention 
of  the  aforesaid  provisions  of  this  section  6 in  that  be- 
half, the  Power  Company  will  within  ten  days  after  de- 
mand therefor  by  the  Trustee  pay  the  aggregate  amount 
of  such  dividend  or  other  distribution  to  the  Trustee  to  be- 
come a part  of  the  special  trust  fund  mentioned  in  Article 
Four  of  this  indenture  and  to  be  held  and  disposed  of  as 
in  said  Article  Four  is  provided. 

Section  7.  The  Power  Company  covenants  that  the 
business  of  the  Power  Company  and  of  the  subsidiary 
companies  and  of  their  several  and  respective  succes- 
sors, assigns  and  lessees,  and  the  operations  of  all  said 
companies,  will  be  continuously  carried  on  and  con- 
ducted in  an  efficient  manner;  that  all  property,  plants, 
appliances,  systems  and  equipment  useful  and  necessary 
in  the  carrying  on  of  such  business  will  be  kept  in  thorough 
repair  and  maintained  in  a state  of  high  operating  effi- 
ciency, and  if  worn  out  or  injured  will  be  replaced  by  other 
property  suitable  to  the  business  and  of  at  least  equal 
value ; that  the  subsidiary  companies  now  have  com- 
plete and  lawful  authority  and  privilege  to  maintain 
and  operate  their  respective  entire  plants  and  properties, 
and  that  during  the  full  term  hereof  the  authority  and 
privilege  so  to  own,  hold,  maintain  and  operate  said  plants 
and  properties  as  they  now  exist  or  as  they  may  hereafter 
exist  or  be  extended  will  continuously  be  kept  in  force,  held 
and  maintained;  and  that  no  waste  in  respect  of  any  part 
of  the  property  of  the  Power  Company  or  of  any  subsidiary 
company  will,  in  any  manner  or  by  any  person  or  corpora- 
tion, be  committed  or  suffered. 


To  conduct  its 
business  in  an 
efficient 
manner. 


32 


Covenant  to 
observe  and 
perform  each 
and  every 
condition. 


Covenants  not 
to  permit  any 
right,  fran- 
chise or 
privilege  to 
lapse. 


The  Power  Company  covenants  that  it  and  each  of 
the  subsidiary  companies  will  at  all  times  duly  keep, 
perform  and  observe  each  and  every  the  terms  and  condi- 
tions obligatory  upon  it  of  any  and  all  grants  of  easements, 
rights  of  way,  privileges  and  immunities,  including  munici- 
pal grants  and  franchises,  and  of  each  and  every  contract 
for  the  purchase,  sale,  transmission  or  delivery  by  it  or  any 
of  the  subsidiary  companies  or  its  or  their  respective 
successors,  assigns  and  lessees,  of  electric  power  or  current, 
and  that  neither  of  them  will  cause,  suffer  or  permit  any 
such  grant  or  contract  to  be  forfeited  or  broken  or  ma- 
terially endangered. 

The  Power  Company  covenants  that  neither  it  nor 
any  of  the  subsidiary  companies  will  suffer  or  permit  any 
of  its  rights,  franchises  and  privileges  to  lapse  or  be  for- 
feited, and  that  it  and  each  of  them  will  use  all  reasonable 
efforts  to  obtain  from  time  to  time  all  renewals  and  ex- 
tensions of  such  rights,  franchises  and  privileges  so  as  to 
keep  and  maintain  the  same  in  full  force  and  effect;  and 
the  Power  Company  and  each  of  the  subsidiary  com- 
panies will  at  all  times  do,  take  and  perform  any  and 
all  acts,  steps  and  requirements  prescribed  or  to  be  pre- 
scribed by  law,  or  prescribed  by  the  Trustee  as  being  in 
its  opinion  or  in  the  opinion  of  counsel  satisfactory  to  the 
Trustee,  necessary  to  entitle  and  qualify  each  of  the  sub- 
sidiary companies  to  hold,  maintain  and  operate  their 
respective  properties  and  every  part  thereof,  and  that  in 
no  event  shall  the  right  or  authority  of  any  of  the  sub- 
sidiary companies  to  hold,  maintain  or  operate  any  part 
of  said  properties  be  permitted  to  be  questioned  or  be 
subjected  to  the  risk  or  danger  of  forfeiture  or  loss,  by 
reason  of  any  action  or  non-action  on  the  part  of  the  Power 
Company  or  any  subsidiary  company. 


—to  keep 
proper  books 
of  record  and 
account. 


Section  8.  The  Power  Company  covenants  that  proper 
books  of  record  and  account  will  be  kept,  in  which  full, 
true  and  perfect  entries  will  be  made  of  all  dealings  or 
transactions  of  or  in  relation  to  the  plants,  properties, 


33 


business  and  affairs  of  the  Power  Company  and  the  sub- 
sidiary companies,  and  that  it  will  furnish  to  the  Trustee 
at  least  once  a month  and  as  often  as  the  Trustee  shall 
reasonably  request  statements  in  full  detail  showing  the 
gross  and  net  earnings,  expenses  and  financial  condition  of 
the  Power  Company  and  the  subsidiary  companies  and  such 
other  data  as  to  the  plants,  property  and  equipment  of  the 
Power  Company  and  the  subsidiary  companies  as  the  Trus- 
tee may  reasonably  request. 

Section  9.  The  Power  Company  covenants  that  no  con- 
solidation or  merger  of  the  Power  Company  or  any  of  the 
subsidiary  companies  and  no  sale  or  lease  of  any  of  the 
property  of  the  Power  Company  or  any  of  the  subsidiary 
companies,  shall  be  made  or  allowed  to  remain  in  force 
which  in  the  opinion  of  counsel  selected  or  approved  by 
the  Trustee  shall  in  any  manner  diminish,  impair  or  en- 
danger the  lien  or  security  of  this  indenture  or  the  value 
thereof  or  any  of  the  rights  or  powers  of  the  Trustee  or  of 
the  bondholders  hereunder,  nor  unless  duly  certified  or 
verified  copies  of  all  proceedings  and  instruments  relating 
to  any  such  consolidation,  merger,  sale  or  lease  shall  be 
delivered  to  the  Trustee  within  not  more  than  ten  (10) 
days  from  the  date  on  which  such  proceedings  were  had 
or  such  instruments  were  executed. 

Section  10.  The  Power  Company  covenants  that  it 
will  at  all  times  keep  or  cause  to  be  kept  insured  the 
plants,  buildings,  stations,  machinery,  equipment  and 
apparatus  which  are  subject  to  this  indenture  and  as 
well  all  such  property  belonging  to  or  held  by  the  sub- 
sidiary companies  to  the  full  extent  that  such  prop- 
erties are  usually  insured  by  companies  holding  like 
properties,  to  the  reasonable  insurable  value  thereof, 
in  responsible  companies,  against  destruction  or  damage 
by  fire  or  other  casualty  against  which  insurance  is  usually 
carried  by  companies  holding  like  properties;  that  all 
policies  for  such  insurance  shall  be  so  drawn  as  to  make 
any  losses  payable  thereunder  to  the  Trustee  and  that 


—That  no  con- 
solidation, 
merger,  sale 
or  lease  shall 
he  made 
which  shall 
diminish  the 
security  of 
this  indenture. 


—To  insure 
property. 


34 


upon  the  written  request  of  the  Trustee  said  policies  will 
be  deposited  with  it ; provided  however  that  if  any  prop- 
erty so  insured  is  covered  by  any  mortgage  or  other  instru- 
ment the  lien  of  which  on  such  property  shall  be  prior  to 
that  of  this  indenture,  the  losses  under  the  policies  for  such 
insurance  may  until  the  final  satisfaction  and  release  of 
such  prior  mortgage  or  other  instrument  be  made  payable 
to  and  such  policies  may  be  deposited  with  the  mortgagee 
or  trustee  under  such  prior  mortgage  or  other  instrument. 

All  insurance  moneys  received  under  any  of  the  provi- 
sions of  this  section  10  by  the  Trustee  shall  be  held  by  the 
Trustee  as  part  of  the  mortgaged  property  and  shall  be 
paid  out  from  time  to  time  upon  checks  or  drafts  drawn  by 
the  Power  Company  either  for  the  purpose  of  paying  the 
actual  and  reasonable  cash  cost  of  replacing  part  or  all  of 
the  property  destroyed  or  injured  or  for  any  of  the  pur- 
poses for  which  cash  may  be  withdrawn  from  the  special 
trust  fund  mentioned  in  Article  Four  hereof. 

All  such  checks  and  drafts  of  the  Power  Company  for  the 
payment  of  insurance  moneys  shall  be  signed  by  the  Power 
Company  by  its  president  or  one  of  its  vice-presidents  and 
its  treasurer  or  one  of  its  assistant  treasurers,  and  prior  to 
the  presentation  thereof  to  the  Trustee  the  Power  Com- 
pany shall  deliver  to  the  Trustee  sworn  statements  of  its 
president  or  vice-president  and  of  its  treasurer  or  one  of  its 
assistant  treasurers  showing  that  such  drafts  and  orders 
are  drawn  for  one  or  more  of  the  purposes  for  which  insur- 
ance moneys  may  be  paid  out  under  the  provisions  of  this 
section  10,  and  said  Trustee  shall  be  fully  protected  in  pay- 
ing any  and  all  checks  and  drafts  mentioned  in  such  sworn 
statements.  The  Trustee  however  shall  have  the  right  but 
shall  not  be  obliged  to  require  the  Power  Company  to  fur- 
nish such  further  evidence  in  the  premises  as  the  Trustee 
may  deem  necessary  in  order  to  establish  the  right  of  the 
Power  Company  to  the  payment  of  any  such  checks  or 
drafts. 


Not  to  extend 
the  time  of 
payment  of 
any  coupons. 


Section  11 . The  Power  Company  further  covenants  that 
it  will  not  directly  or  indirectly  extend  or  assent  to  the 


35 


extension  of  the  time  for  payment  of  any  coupons  of  or  any 
claims  for  interest  upon  any  of'  the  bonds  secured  hereby 
by  purchase  or  funding  of  such  coupons  or  by  any  other 
arrangement.  In  case  the  time  for  payment  of  any  such 
coupon  shall  be  so  extended,  whether  or  not  such  extension 
be  with  or  by  the  consent  of  the  Power  Company,  such 
coupon  shall  not  be  entitled  in  case  of  any  default  here- 
under to  the  benefit  or  security  of  this  mortgage  except 
subject  to  the  prior  payment  in  full  of  the  principal  of  all 
bonds  issued  hereunder  then  outstanding  and  of  all  ma- 
tured coupons  on  such  bonds  the  payment  of  which  has 
not  been  so  extended. 

No  coupon  belonging  to  any  bond  which  in  any  way  on 
or  after  maturity  shall  be  transferred  or  pledged  separate 
and  apart  from  its  bond,  shall  be  entitled  to  an}7  benefit  of 
or  from  this  indenture,  except  after  prior  full  payment  of 
the  principal  of  all  bonds  issued  hereunder  and  of  all  cou- 
pons and  interest  obligations  not  so  transferred  or  pledged. 

Section  12.  The  Power  Company  further  covenants  that 
if  it  shall  fail  duly  to  perform  any  of  the  covenants  con- 
tained in  sections  2,  5,  7 and  10  of  this  Article  Three,  the 
Trustee  may  make  advances  to  perform  the  same  on  its 
behalf,  and  all  sums  so  advanced  shall  be  at  once  payable 
by  the  Power  Company  and  shall  bear  interest  at  the  rate 
of  six  per  cent,  per  annum  until  paid  and  shall  be  secured 
hereby,  having  the  benefit  of  the  lien  hereby  created,  in 
priority  to  the  indebtedness  evidenced  by  the  bonds  and 
coupons,  but  no  such  advance  shall  be  deemed  to  relieve 
the  Power  Company  from  any  default  hereunder. 

Section  13.  The  Power  Company  further  covenants  that 
at  all  times  until  the  payment  of  the  bonds,  the  Power 
Company  will  maintain  an  office  or  agency  in  the  City  of 
New  York,  where  notices  or  demands  in  respect  of  such 
bonds  or  coupons  or  of  this  indenture  may  be  served,  and 
from  time  to  time  the  Power  Company  will  give  written 
notice  to  the  Trustee  of  the  place  of  any  such  office  or 
agency. 


Trustee  may 

advance 

funds. 


To  maintain 
fiscal  agencies. 


36 


Demand  to  be 
made  on 
Trustee  if 
Company  fails 
to  maintain 
office  or 
agency. 


Special  trust 
fund  for 
redemption  of 
bonds. 


—To  be  held 
by  Trustee 
and  paid  out 
for  any  of  the 
following  pur- 
poses. 


—For  redemp- 
tion of  bonds. 


—For  perma- 
nent exten- 
sions, enlarge- 
ments and 
additions. 


In  case  the  Power  Company  shall  fail  to  maintain  such 
an  office  or  agency  or  to  give  to  the  Trustee  notice  of  the 
place  thereof,  any  such  presentation  and  demand  may  he 
made  and  any  such  notice  maybe  served,  unless  other  pro- 
vision is  expressly  made  herein,  on  the  Trustee  at  its  office, 
and  the  Power  Company  hereby  authorizes  such  presenta- 
tion and  demand  to  be  made  and  such  notice  to  be  served 
on  such  Trustee  in  such  event. 

ARTICLE  FOUR. 

Concerning  Special  Trust  Fund. 

Section  1.  The  Power  Company  covenants  that  it  will 
deposit  in  a special  trust  fund  with  the  Trustee,  on  the 
first  day  of  January  and  on  the  first  day  of  July  in  each 
year,  commencing  January  1,  1915,  a sum  in  cash  equal  in 
each  case  to  one-half  of  one  per  cent,  of  the  aggregate  face 
amount  of  all  bonds  which  shall  at  the  time  be  outstand- 
ing hereunder  and  all  other  bonds  and  securities  for  the 
acquisition,  payment  or  redemption  whereof  bonds  hereby 
secured  shall  at  the  time  be  reserved  in  accordance  with 
the  provisions  of  this  indenture. 

Section  2.  Said  special  trust  fund  shall  be  held  by  the 
Trustee  as  part  of  the  mortgaged  property  and  shall  be 
paid  out  from  time  to  time  upon  checks  or  drafts  drawn 
by  the  Power  Company  for  any  of  the  following  purposes : 

(a)  The  purchase,  payment  or  redemption  of  bonds 
hereby  secured  at  a price  not  exceeding  par,  accrued  inter- 
est and  a premium  of  five  per  cent,  upon  the  principal 
thereof ; and  all  bonds  so  purchased,  paid  or  redeemed 
shall  be  canceled  by  the  Trustee  and  thereupon  delivered 
to  the  Power  Company  ; and  no  bonds  shall  be  issued  in 
lieu  of  or  substitution  for  any  such  bonds  ; or 

(b)  The  payment  of  the  actual  and  reasonable  cash  ex- 
penditures for  and  fair  value  of  permanent  extensions,  en- 
largements and  additions,  made  or  acquired  after  December 


37 


31,  1910,  of  and  to  the  real  estate,  plants,  machinery  and 
other  fixed  property  of  the  Power  Company  or  a subsidiary 
company,  including  renewals  and  replacements  of  property, 
but  to  the  extent  only  that  the  cash  cost  thereof  shall  ex- 
ceed the  original  cost  of  the  property  renewed  or  replaced. 

All  checks  and  drafts  of  the  Power  Company  upon  said 
special  trust  fund  shall  be  signed  by  the  Power  Company 
by  its  president  or  one  of  its  vice-presidents  and  its  treasurer 
or  one  of  its  assistant  treasurers,  and  prior  to  the  presenta- 
tion thereof  to  the  Trustee,  the  Power  Company  shall  de- 
liver to  the  Trustee  sworn  statements  of  its  president  and 
vice-president  and  of  its  engineer  and  treasurer  or  one  of 
its  assistant  treasurers,  showing  that  such  drafts  and 
orders  are  drawn  for  one  or  more  of  the  purposes  for  which 
cash  may  be  paid  out  under  the  provisions  of  this  sec- 
tion 2,  and  the  Trustee  shall  be  fully  protected  in  paying 
any  and  all  checks  or  drafts  mentioned  in  such  sworn 
statements.  The  Trustee  however  shall  have  the  right 
but  shall  not  be  obliged  lo  require  the  Power  Com- 
pany to  furnish  such  further  evidence  in  the  premises  as 
said  Trustee  may  deem  necessary  in  order  to  establish  the 
right  of  the  Power  Company  to  the  payment  of  any  such 
checks  or  drafts. 


ARTICLE  FIVE. 

Concerning  the  Pledged  Securities. 

Section  1.  The  Power  Company  covenants  that  it  will 
from  time  to  time  forthwith  as  and  when  acquired  by  it, 
assign,  transfer,  pledge  and  (in  so  far  as  manual  delivery 
thereof  is  possible)  deliver  to  the  Trustee,  duly  indorsed  in 
blank,  if  not  already  in  bearer  form,  any  and  all  shares  of 
capital  stock,  bonds,  notes,  indebtedness,  securities,  claims 
and  other  obligations,  and  the  certificates  therefor  and  the 
evidences  thereof,  which  the  Power  Company  now  holds 
or  at  any  time  hereafter  may  acquire  of  or  against  any  of 
the  subsidiary  companies,  all  of  which  shall  be  received 
and  held  by  the  Trustee  subject  to  the  lien  and  trusts  of 


Withdrawals 
from  special 
trust  fund. 


Sworn 

statement  of 
officers. 


Delivery  of 
pledged 
securities  to 
Trustee. 


Trustee  may 
accept 
additional 
security. 


Trustee  not 
obliged  to 
pass  on 
validity  of 
securities. 


—or  to  accept 
or  transfer 
stock. 


Transfer  and 
stamping  of 
pledged 
securities. 


To  maintain 
existence  of 
subsidiary 
companies. 


38 

this  indenture  as  fully  and  completely  as  if  expressly  and 
specifically  assigned,  transferred,  pledged  and  delivered 
hereunder  at  the  time  of  the  execution  hereof. 

The  Trustee  may  at  any  time  accept  any  assignment  or 
transfer  of  any  shares  of  capital  stock,  bonds,  notes,  securi- 
ties, indebtedness,  claims  and  other  obligations  which  any 
person  or  corporation  may  make  or  deliver  to  the  Trustee, 
and  the  same  if  accepted  by  the  Trustee  shall  thereupon 
become  a part  of  the  pledged  securities. 

The  Trustee  shall  not  be  obliged  to  examine  into  or  pass 
upon  the  validity  or  genuineness  of  any  of  the  pledged 
securities,  and  the  Trustee  shall  be  entitled  to  assume  that 
any  pledged  securities  as  presented  for  deposit  hereunder 
are  genuine  and  valid  and  what  they  purport  to  be  and  that 
any  indorsements  and  assignments  thereof  are  genuine  and 
legal. 

The  Trustee  shall  be  under  no  obligation  to  accept  a cer- 
tificate for  any  shares  of  stock,  or  to  cause  or  permit  a 
transfer  thereof  to  be  made  to  it,  or  to  cause  or  permit  an 
assignment  to  it  of  any  bond,  note,  security,  claim,  in- 
debtedness or  other  obligation,  if  in  the  opinion  of  the 
Trustee  such  acceptance  or  transfer  will  involve  or  render 
it  liable  to  be  subjected  to  any  liability  or  expense. 

Section  2.  The  Trustee  may  at  any  time  cause  any  or 
all  of  said  pledged  securities  to  be  assigned,  indorsed  or 
transferred  into  the  name  of  the  Trustee  or  of  a nominee 
of  the  Trustee  or  such  other  person  or  persons  or  corpora- 
tion as  the  Power  Company  may  designate  and  the  Trus- 
tee may  approve.  All  the  pledged  securities  immediately 
upon  their  delivery  to  the  Trustee  shall  be  stamped  with 
an  indenture  stamp  in  such  form  as  the  Trustee  may 
determine. 

The  Trustee  may  do  whatever  may  in  its  opinion  be  neces- 
sary for  the  purpose  of  maintaining  or  preserving  the  corpo- 
rate existence  of  any  subsidiary  company,  and  for  such  pur- 
pose from  time  to  time  it  may  sell,  assign,  transfer  and  de- 
liver so  many  shares  of  the  stock  of  the  several  companies 


39 


as  may  be  necessary  to  qualify  persons  to  act  as  directors 
of  or  in  any  other  official  relation  to  such  companies  ; and 
in  any  such  case  the  Trustee  may  make  such  arrangements 
as  counsel  selected  or  approved  by  the  Trustee  shall  deem 
necessary  for  the  protection  of  the  trust  hereunder. 

The  Trustee  is  hereby  authorized  and  empowered,  with 
the  same  force  and  effect  as  if  it  were  the  absolute  owner 
of  any  bonds  or  other  obligations  held  by  it,  to  give  every 
consent,  exercise  every  discretion,  make  every  election  and 
take  every  step  and  proceeding  which  by  the"  mortgage  or 
other  instrument  securing  such  bonds  or  obligations  is 
provided  for  or  contemplated,  including  the  right  in 
respect  of  the  bonds  or  other  obligations  of  a subsidiary 
company  which  may  be  held  by  the  Trustee,  to  con- 
sent from  time  to  time  and  at  any  time,  as  such  owner 
and  holder,  to  any  increase  or  successive  increases  or  other 
change  in  the  amount  of  the  authorized  issue  of  such  bonds 
or  obligations  specified  in  such  mortgage  or  other  instru- 
ment securing  the  same  in  accordance  with  the  terms  and 
provisions  of  said  mortgage  or  other  instrument. 

Section  3.  Unless  and  until  the  Power  Company  shall 
be  in  default  in  respect  of  any  of  the  matters  men- 
tioned in  sections  1 and  2 of  Article  Six  of  this  indenture, 
or  unless  the  Trustee  shall  be  in  possession  of  the  mort- 
gaged property  by  virtue  of  any  provision  of  this  indenture 
or  a receiver  of  the  mortgaged  property  shall  have  been 
appointed,  the  Power  Company  shall  have  the  right  to 
vote  all  pledged  securities  having  voting  powers  with  the 
same  force  and  effect  as  if  the  same  were  not  subject  to 
the  lien  hereof,  and  to  that  end  the  Trustee  shall  execute  or 
cause  to  be  delivered  such  proxies  or  powers  of  attorney  as 
the  Power  Company  may  reasonably  request  ; provided 
however  that  such  proxies  or  powers  of  attorney  shall  at 
all  times  contain  such  limitations,  restrictions  and  pro- 
visions as  counsel  selected  or  approved  by  the  Trustee  may 
think  advisable  or  necessary  in  order  to  protect  the  inter- 
ests of  the  Trustee  and  the  bondholders  hereunder,  and 


The  Trustee 
empowered 
with  rights  of 
absolute 
owner  of  any 
bond  or  other 
obligation  held 
by  it. 


Until  default 
Power  Com- 
pany to  have 
voting  power 
on  all  pledged 
securities. 


Proxies. 


40 


Voting  powers 
in  case  of 
default. 


Waiver  of 
default. 


particularly  to  insure  the  observance  of  the  covenants  and 
agreements  of  the  Power  Company  contained  in  this 
indenture. 

In  case  there  shall  be  a continuing  default  in  respect  of 
any  of  the  matters  mentioned  in  sections  1 and  2 of  Article 
Six  in  this  indenture,  then  during  the  continuance  of  any 
such  default,  in  addition  to  the  other  remedies  in  this  in- 
denture provided,  the  Trustee  if  it  shall  deem  it  advisable 
shall  revoke  any  such  proxies  or  powers  of  attorney  and 
may  vote  any  shares  of  the  capital  stock  of  any  subsidiary 
company  in  such  manner  as  it  may  deem  proper  to  pro- 
tect the  interests  of  the  holders  of  the  bonds  issued  here- 
under ; provided  that  if  any  such  default  shall  have  been 
made  good  and  shall  have  been  waived  as  in  section  1 of 
Article  Six  of  this  indenture  provided,  the  right  of  the 
Power  Company  to  vote  any  such  shares  and  the  duty  of 
the  Trustee  to  execute  such  proxies  and  powers  shall  re- 
vive and  shall  continue  as  if  no  such  default  had  taken 
place. 


Until  default 
Power  Com- 
pany entitled 
to  dividends 
and.interest. 


Section  4.  Unless  and  until  the  Power  Company  shall 
he  in  default  in  respect  of  any  of  the  matters  mentioned  in 
sections  1 and  2 of  Article  Six  of  this  indenture,  the  Power 
Company  from  time  to  time  shall  be  entitled  to  receive  and 
collect  all  dividends  (other  than  stock  dividends)  that  may 
be  declared  on  any  of  the  pledged  securities,  and  as  well 
all  sums  that  become  due  and  payable  for  interest  upon  or 
in  respect  thereof,  and  the  Trustee,  on  request  of  the 
Power  Company,  from  time  to  time  shall  deliver  to  it 
suitable  assignments  and  orders  for  the  payment  to  the 
Power  Company  of  all  dividends  that  from  time  to  time 
may  be  declared  or  may  become  payable  on  such  shares  of 
capital  stock  of  the  Power  Company  and  shall  deliver  to 
the  Power  Company  the  coupons  for  or  suitable  assign- 
ments and  orders  for  the  payment  of  the  interest  due  on 
any  and  all  of  the  pledged  securities,  and  the  Trustee  from 
time  to  time  shall  pay  to  the  Power  Company,  upon  its  re- 
quest, any  and  all  sums  which  shall  be  received  or  collected 


41 


by  the  Trustee  for  such  dividends  and  interest;  provided 
however  that  (1)  the  Power  Company  shall  not  be  entitled 
to  receive  and  the  Trustee  shall  not  pay  over  to  the  Power 
Company  any  part  of  the  principal  of  any  of  the  pledged 
securities;  (2)  the  Power  Company  shall  not  he  entitled  to 
receive  and  the  Trustee  shall  not  pay  over  any  interest  on 
any  of  the  pledged  securities  which  shall  have  been 
collected  or  paid  out  of  the  proceeds  of  any  sale  of  the 
property  covered  by  a mortgage  securing  any  of  the 
pledged  securities  or  out  of  the  proceeds  of  the  sale  of 
any  other  property  of  the  company  liable  upon  such 
pledged  securities  in  case  of  a dissolution  or  liquidation  of 
such  company;  it  being  the  intention  hereof  that  the  Power 
Company  shall  be  entitled  to  receive  payments  made 
only  out  of  the  rents,  revenues,  incomes  or  proceeds 
of  the  operation  of  the  properties  of  the  subsidiary 
companies  ; (3)  the  Power  Company  shall  not  sell,  as- 
sign or  transfer  any  coupon  or  right  to  interest  or 
dividend  delivered  or  assigned  to  it  in  respect  of  the 
pledged  securities  hereunder ; (4)  the  Power  Company 
shall  not  collect  any  coupons  or  interest  or  any  other 
claim  or  judgment  in  respect  of  the  pledged  securities 
by  legal  proceeding  or  by  enforcement  of  any  security 
therefor  except  with  the  assent  of  the  Trustee,  nor  in 
any  manner  which  the  Trustee  shall  deem  prejudicial  to 
the  trusts  hereby  created;  and  (5)  until  actually  paid,  re- 
leased or  discharged  every  coupon  or  right  to  interest  or 
dividends  and  all  other  claims  in  respect  of  the  pledged  se- 
curities shall  remain  subject  to  the  lien  hereof. 

Upon  payment  or  satisfaction  of  any  coupon  or  claim 
delivered  by  the  Trustee  to  the  Power  Company  in  accord- 
ance with  the  provisions  hereof,  the  Power  Company, 
upon  the  demand  of  the  Trustee,  shall  furnish  satisfactory 
evidence  of  such  payment  or  satisfaction  and  of  the  cancel- 
lation of  such  coupon  or  claim  ; and  if  any  such  coupon  or 
claim  shall  not  be  paid  or  satisfied  wdthin  sixty  days  after 
delivery  thereof  to  the  Power  Company  by  the  Trustee, 
the  Power  Company  shall  return  the  same  to  the  Trustee 
as  part  of  the  security  hereof. 


The  Power 
Company  to 
furnish  to  the 
Trustee  upon 
request 
satisfactory 
evidence  of 
the  payment 
of  coupons 
or  claims. 


4:2 


Payment  of 
dividends 
and  interest 
in  case  of 
•default. 


Waiver  of 
default. 


Disposition  of 
payments  on 
account  of 
principal 
of  pledged 
.securities. 


Iii  case  there  shall  be  a continuing  default  in  respect  of 
any  of  the  matters  mentioned  in  sections  1 and  2 of  Article 
Six  of  this  indenture,  then  during  the  continuance  of 
such  default,  and  in  addition  to  the  other  remedies  herein 
provided,  the  Trustee  shall  revoke  any  and  all  such  assign- 
ments and  order's  and  collect  and  receive  all  such  dividends 
and  interest  upon  or  in  respect  of  the  pledged  securities, 
and  all  sums  so  collected  and  received  prior  to  any  sale 
hereunder  shall  be  applicable  to  the  payment  of  interest 
that  shall  become  due  on  the  bonds  issued  hereunder  ; 
provided  that  if  any  such  default  by  the  Power  Company 
shall  have  been  made  good  and  shall  have  been  waived,  as 
in  section  1 of  Article  Six  of  this  indenture  provided, 
the  right  of  the  Power  Company  to  receive  and  collect  such 
dividends  and  such  interest  and  the  duty  of  the  Trustee  to 
execute  such  assignments  and  orders  shall  revive  and  con- 
tinue as  if  no  such  default  had  taken  place. 

The  Trustee  shall  be  entitled,  in  case  and  to  the  extent 
that  any  such  moneys  shall  not  by  the  terms  of  an  under- 
lying mortgage  be  required  to  be  paid  over  or  otherwise  dis- 
posed of,  to  receive  all  moneys  paid  on  account  of  the  prin- 
cipal of  any  of  the  pledged  securities,  and  all  stock  dividends 
and  dividends  payable  otherwise  than  out  of  net  earnings 
in  respect  of  any  shares  of  stock  included  in  the  pledged  se- 
curities, and  all  moneys  at  any  time  payable  in  respect  of 
any  of  the  pledged  securities  derived  from  any  sale  of  the 
property  of  any  subsidiary  company,  or  on  dissolution  or 
liquidation  thereof,  or  upon  any  proceeding  in  condemna- 
tion. Except  to  the  extent  that  the  same  may  be  used  on 
account  of  the  purchase  price  of  property  purchased  pur- 
suant to  section  8 of  this  Article  Five,  the  Trustee  shall  trans- 
fer and  pay  all  such  moneys  so  received  by  it  to  the  special 
trust  fund  mentioned  in  Article  Four  of  this  indenture, 
as  a payment  to  such  fund  in  addition  to  and  without  de- 
duction from  the  sums  by  said  Article  Four  required  to  be 
paid,  and  such  additional  payments  shall  be  disposed  of 
and  applied  as  provided  in  said  Article  Four  with  respect 
to  said  special  trust  fund. 


43 


Section  5.  The  Power  Company  covenants  that  (1)  ex- 
cept subject  to  the  lien  hereof  it  will  not  sell,  incumber  or 
by  any  voluntary  act  part  with  its  ownership  of  or 
title  to  any  shares  of  stock  of  any  of  the  subsidiary 
companies,  or  of  any  shares  of  stock  which  it  may  at  any 
time  hereafter  acquire,  or  its  equity  of  redemption  in  any 
such  shares  of  stock  or  the  voting  power  thereon;  (2)  it 
will  hold,  subject  to  the  lien  hereof,  all  and  singular  such 
shares  of  stock  and  will  exercise  its  voting  power  thereon 
in  such  manner  as  to  retain  in  itself  the  rights  and  powers 
of  the  holder  of  the  majority  of  the  capital  stock  of  each 
such  corporation;  and  (3)  it  will  at  all  times  take  such 
action  as  from  time  to  time  may  be  necessary,  in  the 
opinion  of  counsel  selected  or  approved  by  the  Trustee,  to 
preserve  the  corporate  existence  and  corporate  rights  of 
each  such  corporation,  unless  and  until  the  Power  Company 
shall  have  lawfully  acquired  and  subjected  to  the  lien  of  this 
indenture  the  legal  title  to  all  the  property  and  franchises 
of  such  corporation  not  already  thus  subject. 

Section  6.  The  Power  Company  covenants  that  it 
will  not  cause,  suffer  or  permit  any  of  the  subsidiary 
companies  (1)  to  borrow  money  or  to  become  indebted  or 
incur  any  liability  whatsoever  except  (a)  from  or  to  the 
Power  Company  ; provided  that  in  every  case  where  the 
indebtedness  or  liability  of  any  such  subsidiary  com- 
pany to  the  Power  Company  shall  not  be  discharged 
within  six  months  after  the  date  of  incurring  the 
same  or  within  such  shorter  period  as  the  Trustee  may 
specify,  there  shall  forthwith  be  delivered  to  the  Trustee  as 
part  of  the  security  hereunder  the  bonds,  notes  or  other 
obligations  of  such  subsidiary  company  of  at  least 
an  equivalent  face  amount,  accompanied  by  suit- 
able instruments  of  assignment  (which  bonds,  notes 
or  other  obligations  and  instruments  of  assignment  shall 
be  in  form  satisfactory  to  counsel  selected  or  approved 
by  the  Trustee),  and  (b)  for  current  expenses  incurred 
in  the  ordinary  course  of  its  business  operations;  pro- 


The  Power 
Company 
covenants  not 
to  voluntarily 
sell  or  incum- 
ber any  share 
of  stock  of  any 
of  the  sub- 
sidiary com- 
panies. 

—to  retain  the 
rights  and 
powers  of  the 
holders  of  the 
majority  of 
the  capital 
stock  of  each 
subsidiary 
company. 

—to  preserve 
the  corporate 
existence  and 
corporate 
rights  of 
subsidiary 
companies. 


Indebtedness 
of  subsidiary 
companies 
limited  and 
regulated. 


44 


Subsidiary- 
companies  not 
to  maintain  or 
convey  assets 


— or  to  in- 
crease capital 
stock. 


-Covenant  as  to 

consolidation 

or  merger  of 

subsidiary 

companies 

with  Power 

Company. 


vided  that  in  every  case  such  indebtedness  and  liabilities 
of  such  subsidiary  company  shall  be  represented  or 
covered  by  current  operating  receipts  or  cash  and  ac- 
counts receivable  of  such  company  then  on  hand  of 
at  least  an  equivalent  value;  and  provided  further  that  all 
such  indebtedness  and  liabilities  shall  from  time  to  time  be 
promptly  discharged  in  the  ordinary  course  of  business;  or 
(2)  to  sell,  convey,  mortgage,  incumber  or  otherwise  dis- 
pose of  any  of  its  assets,  properties,  rights  or  franchises 
except  (a)  to  the  Power  Company,  or  ( b ) to  another 
subsidiary  company  ; provided  that  such  sale  or  convey- 
ance will  not,  in  the  opinion  of  counsel  selected  or  ap- 
proved by  the  Trustee,  impair  in  any  way  the  value  and 
security  hereunder;  or  (3)  to  create  or  issue  any  addi- 
tional shares  of  stock  unless  effective  provision  be  simul- 
taneously made  that  the  certificates  for  such  additional 
stock  shall  be  when  issued  forthwith  pledged  hereunder  and 
deposited  with  the  Trustee,  except  that  in  case  all  the  capi- 
tal stock  of  any  such  subsidiary  company  previously  issued 
shall  not  then  be  held  by  the  Trustee  hereunder,  then  an 
amount  of  such  additional  stock  at  least  proportionate  to 
that  so  held  shall  be  pledged  hereunder  and  the  certificates 
therefor  indorsed  in  blank  for  transfer  deposited  with  the 
Trustee. 

Section  7.  The  assignment  and  pledge  hereunder  of 
any  shares  of  stock  of  any  subsidiary  company  shall  not 
prevent  the  consolidation  or  merger  of  any  one  or  more 
of  said  companies  with  or  the  conveyance  or  lease  of  the 
property  of  any  such  company  to  the  Power  Company ; 
provided  however  that  such  consolidation,  merger  or  con- 
veyance or  lease  shall  be  made  only  upon  such  terms  as 
shall  not  in  the  opinion  of  counsel  selected  or  approved  by 
the  Trustee,  in  any  manner  impair  or  prejudice  the  value 
of  the  security  hereunder.  In  the  event  of  the  consolida- 
tion or  merger  of  any  one  or  more  of  said  companies  with 
the  Power  Company,  or  the  conveyance  or  lease  of  its 
property  to  the  Power  Company,  this  indenture  immedi- 


45 


ately  shall  become  and  be  a lien  upon  the  property  of  the 
company  so  consolidated  or  merged  with  or  conveyed  to 
the  Power  Company  or  upon  the  leasehold  interest  of  the 
Power  Company  therein. 

The  assignment  or  pledge  hereunder  of  any  shares  of 
stock  of  any  subsidiary  company  shall  not  prevent  the 
consolidation  or  merger  of  any  such  company  with  any 
other  subsidiary  company,  nor  shall  it  prevent  the 
conveyance  or  lease  of  the  property  of  any  such 
subsidiary  company  to  any  other  subsidiary  company  ; 
provided  however  that  any  such  consolidation,  merger, 
conveyance  or  lease  shall  be  made  only  upon  such  terms 
as  shall  not  in  the  opinion  of  counsel  selected  or  approved 
by  the  Trustee  in  any  manner  impair  or  prejudice  the 
value  of  the  security  hereunder. 

Section  8.  In  case  (1)  at  any  time  any  of  the  sub- 
sidiary companies  shall  be  dissolved,  or  its  property 
or  assets  or  any  part  thereof  shall  be  liquidated,  sold 
or  transferred  ; or  in  case  (2)  all  or  any  of  the  property 
of  any  such  subsidiary  company  shall  be  sold  upon  the  insol- 
vency thereof,  or  under  proceedings  for  the  collection  or  en- 
forcement of  any  bonds,  notes  or  other  obligations 
hereunder,  or  otherwise  at  any  judicial  or  other  sale  ; 
or  in  case  (3)  any  property  covered  by  a mortgage  or 
other  agreement  securing  any  bonds,  notes  or  other  obli- 
gations included  in  the  pledged  securities  shall  be  sold 
upon  the  foreclosure  of  such  mortgage  or  by  enforcement 
of  such  other  agreement,  then  in  any  such  event  the  Trus- 
tee, at  the  request  of  the  Power  Company,  either  shall 
purchase  or  cause  to  be  purchased  or  shall  permit  the  Power 
Company  to  purchase  such  property  and  assets  either  in 
the  name  of  or  on  behalf  of  the  Power  Company  or  by 
purchasing  agents  or  trustees,  and  shall  use,  or  permit  the 
Power  Company  or  such  purchasing  agents  or  trustees  to 
use,  any  of  the  pledged  shares  of  stocks,  bonds,  notes  or 
other  obligations  issued  by  or  held  against  the  subsidiary 
company  involved  in  any  of  the  proceedings  afore- 
said, so  far  as  may  be  to  make  payment  for  any  such 


Proceedings 
on  liquidation 
or  dissolution 
of  subsidiary 
companies,  or 
sale  of 

properties  on 
foreclosure. 


46 


Decrease  of 
capital  stock 
of  any 
subsidiary 
company. 


Notes  or  other 
evidences  of 
indebtedness 
of  any 
subsidiary 
company  to  be 
exchanged  for 
stock  or  other 
notes  or 
evidence*  of 
indebtedness. 


Regulations  as 
to  surrender 
by  the  Trustee 
to  the  Power 
Company  of 
$369,000 

demand  notes 
of  Saginaw 
Power 
Company. 


property  or  assets.  In  case  of  any  such  purchase,  the 
Trustee  shall  take  such  steps  as  to  it  may  seem  advisable 
to  cause  such  property  to  be  vested  in  the  Power  Com- 
pany or  in  some  other  corporation  organized  or  to  be  or- 
ganized and  having  power  to  acquire  and  manage  such 
property,  or  partly  in  the  Power  Company  and  partly  in 
such  other  corporation,  as  the  Trustee  may  deem  advis- 
able, in  either  and  every  event  subject  to  the  lien  and 
provisions  of  this  indenture ; provided,  in  the  case  of  any 
such  purchase  by  such  other  corporation,  (1)  that  a mort- 
gage or  pledge  securing  a bond  or  bonds  or  a note  or  notes 
equal  to  at  least  the  amount  of  the  securities  (included  in 
the  pledged  securities)  which  are  used  to  pay  therefor, 
shall  be  made  to  the  Trustee  hereunder  ; and  (2)  that  any 
bonds  and  other  indebtedness  and  all  the  capital  stock  of 
such  corporation,  organized  or  to  be  organized,  (except  the 
shares  required  to  qualify  directors)  shall  be  assigned, 
transferred  and  delivered  to  the  Trustee  as  part  of  the 
security  hereunder. 

In  case  of  the  decrease  of  the  capital  stock  of  any  of  the 
subsidiary  companies,  the  Trustee  in  its  discretion  may 
surrender  such  part  of  the  shares  of  stock  included  in  the 
pledged  securities  as  shall  be  proportionate  to  the  amount 
of  such  decrease. 

The  Trustee  may  at  any  time  permit  any  note  or  other 
evidence  of  indebtedness  (but  not,  except  as  in  this  inden- 
ture expressly  provided  for,  underlying  bonds  or  approved 
bonds)  of  any  subsidiary  company,  held  by  the  Trustee,  to 
be  exchanged  for  shares  of  stock  or  for  other  note  or  notes 
or  evidence  of  indebtedness  of  the  same  company;  provided 
such  exchange  shall  not,  in  the  opinion  of  counsel  selected 
or  approved  by  the  Trustee,  materially  endanger  the  inter- 
ests of  the  Trustee  or  of  the  holders  of  bonds  secured  by 
this  indenture. 

Anything  in  this  indenture  to  the  contrary  notwith- 
standing, it  is  hereby  expressly  agreed  and  provided, 
however,  that  the  Trustee  shall  surrender  to  the  Power 
Company,  or  its  order,  $369,000  face  amount  of  demand 
notes  of  the  Saginaw  Power  Company  described  in  para- 


47 


graph  fifth  of  the  granting  and  pledging  clauses  of  this 
indenture  upon,  and  only  upon,  delivery  to  the  Trustee,  to 
be  held  under  and  subject  to  the  provision  of  this  Article 
Five,  of  all  approved  bonds  which  the  Michigan  Railroad 
Commission  may  hereafter  authorize  said  Saginaw  Power 
Company  to  issue  on  account  of  the  retirement  of  said 
notes ; provided  that  in  case  the  amount  face  value  of  said 
approved  bonds  so  authorized  shall  be  less  than  $369,000, 
a note  or  other  evidence  of  indebtedness  of  said  Saginaw 
Power  Company  not  less  than  the  amount  of  such  difference 
shall  also  be  delivered  to  the  Trustee. 

Section  9.  Anything  in  this  indenture  to  the  contrary 
notwithstanding  the  Trustee,  with  or  without  the  request 
of  the  Power  Company,  in  respect  of  any  of  the  bonds, 
notes  or  other  obligations  of  any  subsidiary  company 
included  in  the  pledged  securities  and  as  the  holder 
thereof,  is  hereby  authorized  in  its  discretion  to  give 
any  consent,  do  any  act,  exercise  any  power  or  take 
any  step  for  the  enforcement  thereof  or  otherwise  under 
the  several  mortgages  or  other  agreements  under  which 
the  said  bonds,  notes  or  other  obligations  are  respect- 
ively issued.  The  Trustee  shall  be  under  no  duty  or 
obligation  to  demand  payment  of  the  principal  of  any 
of  such  bonds,  notes  or  other  obligations  or  of  any  of 
the  interest  accruing  thereon,  or  to  do  any  act,  exercise 
any  power  or  take  an}^  steps  under  the  several  mortgages  or 
other  agreements  under  which  said  bonds,  notes  or  other 
obligations  are  respectively  issued,  to  be  given,  done,  ex- 
ercised or  taken  by  the  holders  thereof,  or,  prior  to 
January  1,  1936,  to  demand  payment  of  any  of  the 
approved  bonds  which  by  their  terms  will  mature  June 
1,  1935,  unless  and  until,  in  every  instance,  (1)  speci- 
fically directed  to  that  end  by  the  Power  Company,  or 
by  the  holders  of  ten  per  cent,  in  amount  of  the  bonds 
then  outstanding  hereunder;  or  (2)  default  shall  occur  on 
the  part  of  the  maker  of  any  of  such  bonds,  notes  or  other 
obligations  in  respect  of  the  mortgage  or  other  agreement 
pursuant  to  which  the  same  may  be  issued,  and  only  in 
such  latter  event  in  case  in  the  opinion  of  counsel  selected 


Regulations  in 
respect  of 
bonds,  notes  or 
other 

obligations  of 

subsidiary 

companies. 


48 


Trustees  may- 
join  in  plan  of 
reorganiza- 
tion. 


Disposition  of 
pledged  bonds 
upon  convey- 
ance of  prop- 
erties to 
Power  Com- 
pany. 


or  approved  by  the  Trustee  the  continuing  obligation  to 
make  payment  of  the  principal  of  such  bonds,  notes  or 
other  obligations  or  of  the  interest  to  accrue  in  respect  of 
such  principal  shall  be  materially  endangered,  or  (3)  in 
case  of  any  default  such  as  is  mentioned  in  sections  1 and 
2 of  Article  Six  of  this  indenture  ; and  in  every  case  only 
upon  indemnity  being  furnished  to  the  Trustee  to  its  satis- 
faction. In  event  of  default  on  the  part  of  the  maker  with 
respect  to  the  payment  of  the  interest  upon  any  of  such 
bonds,  notes  or  other  obligations,  the  interest  then  accrued 
and  thereafter  to  accrue  upon  such  principal  shall,  not- 
withstanding any  failure  of  the  Trustee  to  take  any  action 
to  collect  the  same  at  or  after  the  maturity  thereof,  be- 
come forthwith  payable  to  the  Trustee  as  part  of  the 
security  hereunder. 

Section  10.  With  the  written  consent  of  the  Power  Com- 
pany evidenced  by  resolution  of  its  board  of  directors,  the 
Trustee  upon  being  furnished  with  the  funds  deemed  by 
the  Trustee  necessary  in  the  premises  or  upon  being  in- 
demnified to  its  satisfaction,  shall  at  any  time  take  such 
steps  as  the  Trustee  in  its  discretion  may  deem  advisable 
to  protect  its  interests  and  the  interests  of  the  bond- 
holders hereunder  in  respect  of  any  of  the  pledged  securi- 
ties ; and  with  the  consent  of  the  Power  Company  so  evi- 
denced, the  Trustee,  if  the  Trustee  shall  deem  it  advisable, 
may  join  in  any  plan  of  reorganization  or  adjustment 
in  respect  of  any  such  pledged  securities  and  may  accept 
the  new  securities  issued  in  exchange  therefor  under  the 
provisions  of  such  plan  or  such  adjustment. 

In  case  there  shall  be  at  any  time  a default  hereunder  in 
respect  of  any  of  the  matters  mentioned  in  sections  1 and 
2 of  Article  Six  of  this  indenture,  the  Trustee  shall,  if  the 
Trustee  shall  deem  it  advisable,  take  such  steps  to  join  in 
such  plan  without  the  consent  of  the  Power  Company. 

Section  11.  Whenever  all  the  property  of  any  subsidiary 
company  shall  have  been  conveyed  to  the  Power  Com- 
pany and  subjected  to  the  lien  of  this  indenture,  the 
Trustee  in  its  discretion  and  upon  receiving  the  opinion 


49 


of  counsel  selected  or  approved  by  it  to  the  effect  that  the 
rights  and  security  of  the  bondholders  and  of  the  Trustee 
hereunder  will  not  be  impaired  thereby,  may  cancel  all  or 
any  of  the  shares  of  stock,  bonds,  notes,  indebtedness, 
securities,  claims  or  other  obligations,  and  the  certificates 
therefor  or  the  evidences  thereof,  issued  by  or  held  against 
the  subsidiary  company  whose  property  shall  have 
been  so  conveyed  or  subjected  to  the  lien  hereof,  and 
in  such  case  the  Trustee  may  cause  to  be  entered  of  record 
a satisfaction  of  any  mortgage  or  other  agreement  under 
which  such  bonds,  notes  or  other  securities  are  issued. 

If  at  any  time  (a)  all  the  bonds  outstanding  under  any 
of  the  underlying  mortgages  shall  have  been  paid,  re- 
deemed or  otherwise  discharged,  and  canceled,  and  ( b ) the 
Trustee  shall  be  advised  .by  counsel  selected  or  approved  by 
it  that  upon  cancellation  of  any  of  the  said  series  of  under- 
lying bonds  then  held  by  the  Trustee  and  the  satisfaction 
and  discharge  of  the  underlying  mortgage  securing  said 
bonds,  the  mortgage  securing  any  series  of  approved  bonds 
then  held  by  the  Trustee  will  become  and  be  a first  mort- 
gage lien  upon  all  the  property  subject  to  said  mortgage 
securing  said  approved  bonds  and  upon  all  other  property 
in  anywise  mortgaged  or  pledged  to  secure  the  approved 
bonds  therein  mentioned,  then  the  Trustee,  upon  delivery  to 
the  Trustee  of  at  least  a like  face  amount  of  such  approved 
bonds,  may  cancel  and  thereupon  surrender  in  canceled  form 
to  the  Power  Company  or  to  the  trustee  under  said  under- 
lying mortgage,  as  the  Trustee  may  elect,  such  of  the  said 
series  of  underlying  bonds  as  may  then  be  held  by  the 
Trustee,  together  with  all  coupons  and  interest  claims  per- 
taining thereto  ; and  the  Power  Company  covenants  that 
in  that  event  it  will  forthwith  cause  to  be  entered  and  re- 
corded a satisfaction  of  the  mortgage  securing  said  series 
of  underlying  bonds. 

Section  12.  The  Power  Company  covenants  that  on  de- 
mand of  the  Trustee,  it,  the  Power  Company,  forthwith 
will  pay  or  satisfactorily  provide  for  all  expenditures  made 
by  the  Trustee  under  any  provision  of  this  Article  Five, 


Power  Com- 
pany to 
provide  for 
expenditures 
made  by 
Trustee. 


50 


including  all  sums  required  to  obtain  and  perfect  the 
ownership  and  title  to  any  property  which  the  Trustee 
shall  cause  or  permit  to  be  purchased  pursuant  to  the  pro- 
visions of  section  8 of  this  Article  Five;  and  in  case  the 
Power  Company  shall  fail  to  do  so,  then  without  impair- 
ment of  or  prejudice  to  any  of  its  rights  hereunder  by 
reason  of  the  default  of  the  Power  Company,  the  Trustee 
in  its  discretion  may  advance  all  such  expenses  and  other 
moneys  required  or  may  procure  such  advances  to  be  made 
by  others,  and  for  such  advances  made  by  the  Trustee  or 
by  others,  with  interest  thereon  at  the  rate  of  six  per  cent, 
per  annum  or  other  agreed  rate,  the  Trustee  shall  have  a 
lien  prior  to  these  presents  upon  all  the  property,  shares  of 
stock,  bonds,  notes  or  other  obligations  in  respect  of  which 
such  advances  shall  have  been  made  and  the  proceeds 
thereof  and  upon  any  property  acquired  by  means  thereof. 


ARTICLE  SIX. 


Remedies  of  Trustee  and  Bondholders  upon 
Default. 


In  case  of 
default  in 
payment  of 
interest. 


Majority  of 
bondholders 
may  waive 
default. 


Section  1.  In  case  default  shall  be  made  in  the  pay- 
ment of  any  instalment  of  interest  on  any  bond,  according 
to  the  terms  thereof  and  hereof,  and  said  default  shall 
have  continued  for  a period  of  sixty  days  thereafter, 
then  and  in  such  case  the  Trustee  may,  and  if  the  holders 
of  twenty-five  per  cent,  in  amount  of  the  bonds  then  out- 
standing in  writing  so  request,  the  Trustee  shall,  by  notice 
in  writing  addressed  and  mailed  to  the  Power  Company  at 
Portland,  Maine,  declare  the  principal  of  all  the  bonds  to 
be  due  and  payable  and  thereupon  the  same  shall  forth- 
with become  and  be  due  and  payable.  This  provision 
however  is  subject  to  the  condition  that  if  at  any  time 
after  the  principal  of  said  bonds  shall  have  been  so  de- 
clared due  and  payable  and  before  any  sale  of  the 
mortgaged  premises  shall  have  been  made,  all  arrears 
of  interest  upon  all  the  bonds,  with  interest  at 
the  rate  of  five  per  cent,  per  annum  on  over- 


51 


due  instalments  of  interest,  and  all  other  amounts  in  re- 
spect of  which  the  Power  Company  shall  then  be  in  default 
under  this  indenture,  other  than  the  principal  of  the  bonds, 
shall,  together  with  the  expenses  and  reasonable  charges  of 
the  Trustee,  either  be  paid  by  the  Power  Company  or  be 
collected  out  of  the  mortgaged  premises,  then,  and  in 
every  such  case,  the  holders  of  a majority  in  amount  of  the 
bonds  then  outstanding  may  by  written  notice  to  the  Trustee 
direct  the  Trustee  to  waive  such  default  and  its  conse- 
quences, and  the  Trustee  upon  receiving  such  notice  shall 
waive  such  default  and  its  consequences  by  written  notice 
to  the  Power  Company  ; but  no  such  waiver  shall  extend 
to  or  affect  any  subsequent  default  or  impair  any  rights 
consequent  thereon. 

Section  2.  In  case  default  shall  be  made  by  the  Power 
Company  in  the  payment  of  the  principal  of  any  bond,  or 
of  any  instalment  of  interest  thereon,  according  to  the 
terms  thereof  and  hereof,  and  any  such  default  in  the  pay- 
ment of  interest  shall  have  continued  for  a period  of  sixty 
days,  or  in  case  default  shall  be  made  in  the  due  observance 
or  performance  of  any  other  covenant  or  condition  herein 
required  to  be  kept  or  performed  by  the  Power  Company 
and  any  such  default  shall  have  continued  for  a period  of 
sixty  days  after  written  notice  thereof  by  the  Trustee  to 
the  Power  Company,  then  and  in  every  such  case  the 
Trustee  (a),  personally  or  by  its  agents  or  attorneys,  may 
enter  up>on  and  take  possession  of  the  mortgaged  prop- 
erty or  any  part  or  parts  thereof,  and  collect  and  re- 
ceive all  rents,  issues,  income  and  profits  therefrom  and 
operate  and  conduct  the  business  of  the  Power  Com- 
pany to  the  same  extent  and  in  the  same  manner  as  the 
Power  Company  might  lawfully  do  ; or  (6)  may  sell  to 
the  highest  and  best  bidder,  all  and  singular  the  prop- 
erty hereby  mortgaged  and  pledged  and  all  right,  title, 
interest,  claim  and  demand  therein  and  the  right  of  re- 
demption thereof;  which  said  sale  or  sales  shall  be  made 
at  public  auction,  at  such  place  or  places  and  at  such 
time  and  times  and  upon  such  terms,  all  as  the  Trustee 


Trustee  may 
take  posses- 
sion upon 
default. 


Power  of  sale 
upon  default. 


U.  Of  ILL  LI3. 


52 


Notice  of  sale. 


Parties 
restored  to 
former 
relations  if 
proceedings 
by  Trustee 
are  discon- 
tinued. 


may  fix  and  briefly  specify  in  its  notice  of  sale,  which 
shall  be  sufficiently  given  if  published  (1)  once  a week 
for  six  successive  weeks  prior  to  such  sale  in  a daily 
newspaper  of  general  circulation  published  in  the  City 
of  New  York,  or  (2)  as  may  be  required  by  law ; or 
(c)  either  after  such  entry  or  without  such  entry  may 
cause  this  indenture  to  be  foreclosed  and  the  mort- 
gaged property,  or  any  part  or  parts  thereof  to  be  sold; 
or  (d)  may  proceed  to  protect  and  enforce  the  rights 
of  the  Trustee  and  of  the  bondholders  hereunder,  whether 
for  the  specific  performance  of  any  covenant,  condition 
or  agreement  herein  contained,  or  in  aid  of  the  execu- 
tion of  any  power  herein  granted,  or  for  the  enforce- 
ment of  such  other  appropriate  legal  or  equitable  rem- 
edy as  may  in  the  opinion  of  counsel  selected  or  ap- 
proved by  the  Trustee  be  most  effectual  to  protect  and 
enforce  the  rights  aforesaid;  and  (e)  in  either  case,  shall  be 
entitled  as  a matter  of  substantial  right,  upon  its  applica- 
tion therefor  and  without  notice,  to  the  appointment  of  a 
receiver  of  the  mortgaged  property  or  any  part  thereof, 
and  of  the  tolls,  earnings,  revenues,  issues,  profits  and  in- 
come thereof,  and  the  Power  Company  does  hereby  irre- 
vocably consent  to  such  appointment. 

In  case  the  Trustee  shall  have  proceeded  to  enforce  any 
right  under  this  indenture  by  such  foreclosure,  entry  or 
otherwise,  and  such  proceedings  shall  have  been  discontin- 
ued or  abandoned  because  of  waiver  in  accordance  with  the 
provisions  of  section  1 of  this  Article  Six  or  for  any  other 
reason,  or  shall  have  been  determined  adversely  to  the 
Trustee,  then,  and  in  every  such  case  the  Power  Company 
and  the  Trustee  shall  each  be  restored  to  its  former  posi- 
tion and  rights  hereunder  with  respect  to  the  mortgaged 
premises,  and  all  rights,  remedies  and  powers  of  the  Trus- 
tee shall  continue  as  though  no  such  proceedings  had  been 
taken. 

Anything  to  the  contrary  in  this  indenture  contained  not- 
withstanding, in  the  event  of  the  sale  of  the  mortgaged 
premises,  whether  under  the  power  of  sale  herein  contained 


53 


or  pursuant  to  judicial  proceedings,  the  principal  of  all  the 
bonds  shall  become  and  be  forthwith  due  and  payable. 

It  is  agreed  that  any  and  all  personal  property  and  chat- 
tels covered  by  this  indenture  or  which  may  be  covered  by 
any  supplemental  indenture,  shall,  to  the  full  extent  that 
the  parties  may  lawfully  so  covenant,  be  considered  as  fix- 
tures and  appurtenances  constituting  part  of  the  real  prop- 
erty of  the  Power  Company. 

Section  3.  In  the  event  of  any  sale,  whether  made 
under  the  power  of  sale  herein  granted  and  conferred,  or 
under  or  by  virtue  of  judicial  proceedings,  the  whole  of  the 
property,  real,  personal  or  mixed,  and  franchises  then 
subject  to  this  indenture,  including  the  pledged  securities, 
shall  be  sold  in  one  parcel  as  an  entirety,  unless  the  holders 
of  a majority  in  amount  of  the  bonds  at  the  time  out- 
standing shall  in  writing  request  the  Trustee  to  cause  the 
said  properties  to  be  sold  in  parcels,  in  which  case  the  same 
shall  be  sold  in  such  parcels  and  in  such  order  as  may  be 
specified  in  such  request,  or  unless  such  sale  as  an  entirety 
is  in  the  opinion  of  counsel  selected  or  approved  by  the 
Trustee  impracticable  by  reason  of  some  statute  or  other 
cause;  and  this  provision  shall  bind  the  parties  hereto  and 
each  and  every  holder  and  owner  of  bonds. 

Upon  the  completion  of  any  sale  or  sales  under  this  in- 
denture, the  Trustee  is  hereby  further  empowered  and 
authorized  either  in  its  own  name  or  the  name  of  the 
Power  Company  to  execute  to  the  accepted  purchaser  or 
purchasers  a good  and  sufficient  deed  or  good  and  sufficient 
deeds  of  conveyance  of  the  property  and  franchises  sold  ; 
and  shall  assign  and  transfer  to  the  accepted  purchaser  or 
purchasers  the  certificates  for  the  shares  of  stock  and  the 
leases  and  contracts  so  sold,  and  shall  deliver  to  such  pur- 
chaser or  purchasers  the  pledged  securities  and  the  instru- 
ments relating  thereto  so  sold  and  then  held  in  pledge 
hereunder;  and  the  Trustee  is  hereby  irrevocably  appointed 
the  true  and  lawful  attorney  of  the  Power  Company  in  its 
name  and  stead  to  make  all  necessary  transfers  of  the 


Personal 

property 

deemed 

fixtures. 


Property  to 
be  sold  as  an 
entirety 
unless 

impracticable 
or  majority 
of  bondholders 
request 
otherwise. 


Vesting 
title  in 
purchaser. 


54 


Effect  of  sale. 


Trustee’s 
duty  to  act 
upon  request 
of  holders  of 
25  per  cent, 
of  bonds. 


property  thus  sold,  and  for  that  purpose  the  Trustee  may 
execute  all  necessary  acts  of  assignment  and  transfer,  the 
Power  Company  hereby  ratifying  and  confirming  all  that 
its  said  attorney  may  lawfully  do  by  virtue  hereof. 

Any  such  sale  or  sales  made  under  or  by  virtue  of  this 
indenture,  whether  under  the  power  of  sale  hereby  granted 
and  conferred  or  under  or  by  virtue  of  judicial  proceedings, 
shall  operate  to  divest  all  right,  title,  interest,  claim  and 
demand  whatsoever  either  at  law  or  in  equity  of  the  Power 
Company  and  of  all  persons  claiming  or  to  claim  by, 
through  or  under  the  Power  Company,  of,  in,  and  to  the 
property  so  sold  and  shall  be  a perpetual  bar  both  at  law 
and  in  equity  against  the  Power  Company  and  its  succes- 
sors and  assigns,  and  against  any  and  all  persons  claiming 
the  property  sold  or  any  part  thereof  from,  through,  or 
under  the  Power  Company,  its  successors  and  assigns. 

In  case  the  Trustee  shall  proceed  by  suits  at  law  or  in 
equity  after  default  occurring  as  above  provided,  the  Trus- 
tee shall  be  entitled  to  have  the  premises,  franchises, 
rights,  privileges  and  property  hereby  granted  and  con- 
veyed or  intended  so  to  be,  sold  at  judicial  sale  under  the 
order  of  a court  or  courts  of  competent  jurisdiction,  for  or 
toward  the  satisfaction  of  the  principal  or  interest  or  both, 
due  and  owing  upon  the  bonds  and  for  the  enforcement 
of  the  rights,  liens  and  security  of  the  Trustee  and  the 
bondholders. 

The  Power  Company  will  not  impede  or  delay  or  attempt 
to  impede  or  delay  the  Trustee  or  any  of  the  holders  of  the 
bonds  in  lawfully  exercising  any  right  or  power  conferred 
upon  it  or  them  by  this  indenture  or  otherwise  lawfully 
enforcing  their  respective  rights  hereunder. 

Section  4.  Upon  request  in  writing  signed  by  the  holders 
of  not  less  than  twenty-five  per  cent,  in  amount  of  the  bonds 
then  outstanding  and  upon  being  reasonably  indemnified 
against  costs,  liabilities  and  expenses  which  may  be  incurred 
by  the  Trustee  in  accordance  with  such  request,  it  shall  be 
the  duty  of  the  Trustee  in  any  case  of  default  which  shall 


55 


occur  and  shall  have  continued  as  specified  in  section  2 of 
this  Article  Six  to  take  all  needed  or  appropriate  steps  for 
the  protection  and  enforcement  of  the  rights  hereby  secured 
to  it  as  Trustee  for  the  holders  of  said  bonds  and  coupons 
and  to  exercise  the  power  of  entry  or  sale  herein  conferred 
or  both  or  to  take  proper  judicial  proceedings  by  action,  suit 
or  otherwise,  as  the  Trustee  being  advised  by  counsel  shall 
deem  most  expedient  for  the  interests  of  the  bondholders. 

Section  5.  The  purchase  money,  proceeds  and  avails  of 
any  sale  hereunder  whether  made  under  the  power  of  sale 
hereby  granted  or  otherwise,  together  with  any  other  sums 
which  may  then  be  held  by  the  Trustee  under  any  of  the 
provisions  of  this  indenture  as  part  of  the  mortgaged  prop- 
erty, or  the  proceeds  thereof,  shall  be  applied  as  follows: 

First. — To  the  payment  of  the  costs  and  expenses  of  said 
sale,  including  a reasonable  compensation  to  the  Trustee, 
its  agents,  attorneys  and  counsel,  and  all  expenses,  liabili- 
ties and  advances  made  or  incurred  by  the  Trustee,  and  all 
taxes  and  assessments  and  other  charges  prior  to  the  lien 
of  these  presents,  except  so  far  as  the  sale  shall  have  been 
made  subject  thereto  ; 

Second. — To  the  payment  of  the  whole  amount  then 
owing  or  unpaid  upon  the  bonds  for  principal  and  interest 
with  interest  on  overdue  instalments  of  interest  at  the  rate 
of  five  per  centum  per  annum,  and  in  case  such  proceeds 
shall  be  insufficient  to  pay  in  full  the  whole  amount  so  due 
and  unpaid  upon  the  said  bonds,  then  to  the  payment  of 
said  principal  and  interest  without  preference  or  priority 
of  principal  over  interest  or  of  interest  over  principal  or 
of  any  instalment  of  interest  over  any  other  instalment 
of  interest,  ratably  to  the  aggregate  amount  of  such 
principal  and  accrued  and  unpaid  interest;  subject  to  the 
provision  of  section  11  of  Article  Three  of  this  indenture; 
and 

Third. — To  the  payment  of  any  surplus  to  whomsoever 
may  be  lawfully  entitled  to  receive  the  same. 


Application 
of  proceeds 
of  sale. 


—to  payment 
of  costs  and 
expenses. 


—to  payment 
of  principal 
and  interest. 


—surplus  to 

Power 

Company, 


56 


Receipt  of 
Trustee  suffi- 
cient dis- 
charge to  pur- 
chaser at  sale. 


Bondholders 
may  purchase 
at  sale  and 
apply  bonds 
on  purchase 
price. 


Waiver  by 
Power  Com- 
pany of  stay 
or  extension 
law. 


Section  6.  Upon  any  sale  hereunder  whether  made 
under  the  power  of  sale  hereby  granted  or  otherwise  the 
receipt  of  the  Trustee  or  of  the  officer  making  such  sale 
shall  be  a sufficient  discharge  to  the  purchaser  or  purchasers 
at  such  sale  for  his  or  their  purchase  money,  and  such 
purchaser  or  purchasers  shall  not  be  obliged  to  see  to  the 
application  of  such  purchase  money,  and  shall  not  be  in 
anywise  answerable  for  any  loss  or  misapplication  or  non- 
application  thereof  by  the  Trustee  or  such  officer. 

The  Power  Company,  for  itself  and  all  persons  and  cor- 
porations hereafter  claiming  through  or  under  it,  or  who 
may  at  any  time  hereafter  become  holders  of  liens  junior  to 
the  lien  of  this  indenture,  hereby  expressly  waives  and 
releases  all  right  to  have  the  properties  and  estate,  com- 
prised in  the  security  intended  to  be  created  by  this  in- 
denture, marshalled  upon  any  foreclosure  or  other  enforce- 
ment hereof;  and  the  Trustee  or  any  court  in  which  the 
foreclosure  of  this  indenture  or  administration  of  the  trust 
created  by  this  indenture,  is  sought,  shall  have  the  right 
as  aforesaid  to  sell  the  entire  mortgaged  property  as  a 
whole  in  a single  parcel. 

Section  7.  Upon  any  such  sale  as  aforesaid,  any  holder 
or  holders  of  bonds  may  bid  and  become  the  purchaser  or 
purchasers  thereat,  and  may  hold  and  enjoy  the  property 
purchased  without  accountability  to  any  other  holder;  and 
any  purchaser  or  purchasers  upon  presenting  any  of  said 
bonds  or  interest  coupons  shall  be  entitled  to  be  credited  on 
account  of  the  purchase  price  with  a sum  which  would 
upon  a proper  distribution  and  accounting  of  the  proceeds 
of  sale  be  equal  to  the  distributive  share  payable  out  of 
such  proceeds  to  the  holder  of  the  bonds  or  coupons  so  pre- 
sented, which  amount  so  credited  shall  be  stamped  or  in- 
dorsed on  such  bonds  or  coupons  as  paid  thereon. 

Section  8.  The  Power  Company  will  not  at  any  time 
insist  upon,  plead  or  in  any  manner  whatever  claim  or  take 
the  benefit  or  advantage  of  any  stay  or  extension  law  now 
or  at  any  time  hereafter  in  force,  or  after  any  such  sale  or 


57 


sales  will  it  claim  or  exercise  any  right,  under  any  statute 
now  or  hereafter  enacted  by  any  State  to  redeem  the  prop- 
erty so  sold  or  any  part  thereof,  and  it  hereby  expressly 
waives  all  benefit  and  advantage  of  any  such  law  or  laws, 
and  it  covenants  that  it  will  not  hinder,  delay  or  impede 
the  execution  of  any  power  herein  granted  and  delegated 
to  the  Trustee,  but  that  it  will  suffer  and  permit  the  execu- 
tion of  every  such  power  as  though  no  such  law  or  laws 
had  been  made  or  enacted,  and  that  in  the  event  of  any 
sale  of  the  mortgaged  premises  or  any  part  thereof  whether 
under  judicial  proceedings  or  otherwise,  it  will  if  and 
when  required  by  the  Trustee  or  the  purchaser  execute  a 
formal  conveyance  of  the  part  of  the  premises  so  sold  as 
the  Trustee  or  purchaser  may  direct. 


Section  9.  The  Power  Company  covenants  that  (1) 
in  case  default  shall  be  made  in  the  payment  of  any 
interest  on  any  bond  at  any  time  outstanding,  and  such 
default  shall  have  continued  for  a period  of  sixty  days,  or 
(2)  in  case  default  shall  be  made  in  the  payment  of  the 
principal  of  any  bond  when  the  same  shall  become  due  and 
payable,  whether  at  maturity  or  under  any  provision  heredf, 
then  upon  demand  of  the  Trustee,  the  Power  Company  will 
forthwith  pay  to  the  Trustee  for  the  benefit  of  the  holders 
of  the  bonds  and  coupons  then  outstanding,  the  whole 
amount  due  and  payable  on  such  bonds  and  coupons  for 
principal  or  interest,  or  both,  as  the  case  may  be,  with  in- 
terest upon  the  overdue  instalments  of  interest  at  the  rate 
of  five  per  cent,  per  annum  ; and  in  case  the  Power  Com- 
pany shall  fail  to  pay  the  same  forthwith  upon  such 
demand,  the  Trustee  in  its  own  name  and  as  trustee  of  an 
express  trust  shall  be  entitled  to  recover  judgment  for  the 
whole  amount  so  due  and  unpaid. 

The  Trustee  shall  be  entitled  to  recover  judgment  as 
aforesaid  either  before  or  after  or  during  the  pendency  of 
any  proceedings  for  the  enforcement  of  the  lien  of  this  in- 
denture upon  the  mortgaged  property,  and  the  right  of  the 
Trustee  to  recover  such  judgment  shall  not  be  affected  by 


Covenant  of 
Power  Com- 
pany to  pay 
principal  and 
interest  upon 
default. 


When  Trustee 
may  recover 
judgment. 


58 


any  entry  or  sale  hereunder  or  by  the  exercise  of  any  other 
right,  power  or  remedy  for  the  enforcement  of  the  provi- 
sions of  this  indenture  or  the  foreclosure  of  the  lien  hereof  ; 
and  in  case  of  a sale  of  the  mortgaged  property  and  of  the 
application  of  the  prqceeds  of  sale  to  the  payment  of  the 
indebtedness  secured  by  this  indenture,  the  Trustee  in  its 
own  name  and  as  trustee  of  an  express  trust  shall  be  enti- 
tled to  enforce  payment  of  and  to  receive  all  amounts  then 
remaining  due  and  unpaid  upon  any  and  all  of  the  bonds 
and  coupons  then  outstanding,  for  the  benefit  of  the  holders 
thereof,  and  shall  be  entitled  to  recover  judgment  for  any 
portion  of  the  debt  remaining  unpaid  with  interest.  No 
recovery  of  any  such  judgment  by  the  Trustee  and  no  levy 
of  and  execution  upon  any  such  judgment  on  property  sub- 
ject to  this  indenture  or  upon  any  other  property,  shall  in 
any  manner  or  to  any  extent  affect  the  lien  of  the  Trustee 
upon  the  mortgaged  property  or  any  part  thereof  or  any 
rights,  powers  or  remedies  of  the  Trustee  hereunder  or  any 
rights,  powers  or  remedies  of  the  holders  of  the  bonds  ; but 
such  lien,  rights,  powers  and  remedies  shall  continue  un- 
impaired as  before. 

All  money  collected  by  the  Trustee  under  this  section  9 
shall  be  applied  by  the  Trustee,  at  a date  to  be  fixed  by  it, 
first  to  the  payment  of  the  costs  and  expenses  of  the  pro- 
ceedings resulting  in  the  collection  of  such  money,  and  the 
residue  thereof  shall  be  distributed  in  the  manner  provided 
in  section  5 of  this  Article  Six  with  respect  to  moneys 
arising  upon  the  sale  of  the  property. 


No  prejudice 
because  of 
delay  or 
omission  of 
Trustee  to 
exercise 
rights. 


Section  10.  No  remedy  herein  conferred  upon  or  re- 
served to  the  Trustee  is  intended  to  be  exclusive  of  any 
other  remedy  or  remedies  ; but  each  and  every  such  rem- 
edy shall  be  cumulative  and  shall  be  in  addition  to  every 
other  remedy  given  hereunder  or  now  or  hereafter  exist- 
ing at  law  or  in  equity  or  by  statute.  No  delay  or  omis- 
sion to  exercise  any  right  or  power  accruing  upon  any  de- 
fault continuing  as  aforesaid,  shall  impair  any  such  right 
or  power  or  shall  be  construed  to  be  a waiver  of  any  such 
default  or  acquiescence  therein  ; and  every  such  right  and 


59 


power  may  be  exercised  from  time  to  time  and  as  often  as 
may  be  deemed  expedient. 

Section  11.  It  is  expressly  provided  and  declared,  any 
provision  of  the  bonds  or  coupons  or  of  this  indenture  to 
the  contrary  notwithstanding,  that  no  holder  of  any  bond 
or  coupons  shall  have  any  right  to  institute  any  suit,  action 
or  proceeding  in  equity  or  at  law  for  the  foreclosure  of  this 
indenture  or  for  the  execution  of  any  trust  hereof  or  for 
the  appointment  of  a receiver  or  any  other  remedy  here- 
under or  for  the  recovery  of  any  amount  due  or  payable 
on  any  bond  or  coupon  issued  hereunder  or  otherwise  by 
reason  of  any  such  bond  or  coupon,  unless  such  holder 
shall  have  previously  given  to  the  Trustee  written  notice 
of  such  default  and  of  the  continuance  thereof  as  herein- 
before provided  nor  unless  also  the  holders  of  twenty-five 
per  cent,  in  amount  of  the  bonds  then  outstanding  shall 
have  made  written  request  to  the  Trustee  aud  shall  have 
offered  it  reasonable  opportunity  either  to  proceed  to  exer- 
cise the  powers  hereinbefore  granted  or  to  institute  such 
action,  suit  or  proceeding  in  its  own  name;  nor  unless  also 
they  shall  have  offered  to  the  Trustee  adequate  security 
and  indemnity  against  the  costs^  expenses  and  liabilities  to 
be  incurred  therein  or  thereby;  and  such  notification,  re- 
quest and  offer  of  indemnity  are  hereby  declared  in  every 
such  case  at  the  option  of  the  Trustee  to  be  conditions  pre- 
cedent to  the  execution  of  the  powers  and  trusts  of  this 
indenture,  and  to  any  action  or  cause  of  action  for  fore- 
closure or  for  the  appointment  of  a receiver  or  for  any 
other  remedy  hereunder  or  for  the  recovery  of  the  amount 
of  any  such  bond  or  coupon;  it  being  understood  and  in- 
tended that  no  one  or  more  holders  of  the  bonds  or  cou- 
pons shall  have  any  right  in  any  manner  whatsoever  to 
affect,  disturb  or  prejudice  the  lien  of  this  indenture  by 
his  or  their  action  or  to  enforce  any  right  hereunder  except 
in  the  manner  herein  provided,  and  that  all  proceedings  at 
law  or  in  equity  shall  be  instituted,  had  and  maintained 
in  the  manner  herein  provided  and  for  the  equal  benefit  of 
all  holders  of  outstanding  bonds  and  coupons. 


Limitation 
upon  right  of 
bondholders  to 
institute  pro- 
ceedings. 


60 


Waiver  of 
liability  of 
stockholders 
and  of  officers. 


Releases 

permitted. 


ARTICLE  SEVEN. 

Waiver  of  Liability  of  Stockholders  and  of  Officers. 

No  holder  or  holders  of  any  bond  or  coupon  shall  have  in 
any  event  any  right  or  recourse  to  or  recovery  from  any 
past,  present  or  future  director,  officer  or  stockholder  of  the 
Power  Company  for  the  principal  or  interest  of  the  sums 
secured  hereby  or  any  part  thereof,  whether  under  any  lia- 
bility now  or  hereafter  existing  or  arising  under  the  Con- 
stitution, laws  or  statutes  of  any  State  or  of  the  United 
States,  or  under  any  principles  of  law  or  equity  or  in  any 
manner  whatever,  it  being  hereby  distinctly  understood 
and  agreed  that  the  several  holders  of  the  bonds  from  time 
to  time  waive  all  such  rights  of  recourse  or  recovery  by 
receiving  and  accepting  the  said  bonds  and  shall  look  for 
the  payment  of  the  bonds  and  coupons  secured  hereby 
solely  to  the  corporate  assets  and  franchises  of  the  Power 
Company,  and  such  assets  shall  not  embrace  any  claim 
which  might  under  other  circumstances  be  enforcible 
either  by  creditors  of  the  Power  Company,  by  a receiver, 
by  the  Power  Company  itself,  or  in  any  way  whatever 
against  any  person  .by  reason  of  his  being  a stockholder, 
director  or  officer  of  the  Power  Company,  under  any  stat- 
ute or  other  law  now  or  hereafter  in  force,  or  against  a 
stockholder,  by  reason  of  any  insufficiency  or  insufficien- 
cies in  the  payment  of  capital  stock  or  otherwise. 

ARTICLE  EIGHT. 

Release  Clauses. 

Section  1.  Whenever  the  Power  Company  shall  have 
sold  or  exchanged  or  contracted  to  sell  or  exchange  any 
part  or  parts  of  the  property  hereby  mortgaged  and 
pledged,  the  Trustee  upon  and  in  accordance  with  a written 
request  of  the  Power  Company,  signed  by  its  president  or 
one  of  its  vice-presidents  and  attested  by  its  secretary  or 


61 


one  of  its  assistant  secretaries,  under  its  corporate  seal, 
may  execute  a release  of  such  property,  or  if  such  prop- 
erty shall  be  in  the  possession  or  control  of  the  Trustee, 
may  surrender  such  property  ; provided  however  that 

(1)  This  section  shall  not  be  construed  to  authorize  the 
release  of  the  mortgaged  property  as  an  entirety,  or  sub- 
stantially as  an  entirety,  or  to  authorize  the  surrender  of 
any  deposited  securities  which  shall  be  held  under  and 
subject  to  the  provisions  of  Article  Five  of  this  indenture 
except  only  as  and  subject  to  the  limitations  and  restric- 
tions in  paragraph  (5)  of  this  section  1 specified  ; 

(2)  In  the  case  of  property  sold,  the  same  shall  be  for 
cash  and  the  proceeds  from  the  sale  thereof  shall  on  or 
before  delivery  of  the  release  of  such  property  be  deposited 
with  the  Trustee,  provided  that  if  any  property  so  sold 
shall  be  covered  by  any  mortgage  or  other  instrument  the 
lien  of  which  thereon  shall  be  prior  to  that  of  this  inden- 
ture, the  proceeds  from  the  sale  of  such  property  may  be 
deposited  with  the  mortgagee  or  trustee  uuder  such  prior 
mortgage  or  other  instrument  to  be  held  and  applied  in  ac- 
cordance with  the  provisions  thereof,  the  Power  Company 
hereby  agreeing  and  directing  that  upon  the  satisfaction  or 
release  of  such  prior  mortgage  or  other  instrument,  any 
such  proceeds  from  the  sale  of  the  released  property  re- 
maining in  the  possession  or  control  of  such  mortgagee  or 
trustee,  shall  be  forthwith  paid  to  and  deposited  with 
the  Trustee  to  be  held  and  applied  in  accordance  with  the 
provisions  of  this  section  1.  The  cash  proceeds  of  the  sale 
of  any  released  property  deposited  with  the  Trustee  under 
any  of  the  provisions  of  this  section  1,  shall  be  held  by  the 
Trustee  as  part  of  the  mortgaged  property  and  shall  be  paid 
out  from  time  to  time  upon  checks  or  drafts  drawn  by  the 
Power  Company  either  for  the  purpose  of  paying  the  actual 
and  reasonable  cash  cost  of  replacing  part  or  all  of  the 
property  released,  or  for  any  of  the  purposes  for  which  cash 
may  be  withdrawn  from  the  special  trust  fund  mentioned 
in  Article  Four  hereof.  All  such  checks  and  drafts  of  the 


Conditions 

specified. 


If  sold  for  cash 
proceeds  of 
sale  to  he 
deposited  with 
Trustee. 


62 


Power  Company  for  the  payment  of  such  cash  shall  be 
signed  by  the  Power  Company,  by  its  president  or  one  of 
its  vice-presidents,  and  its  treasurer  or  one  of  its  assistant 
treasurers,  and  prior  to  the  presentation  thereof  to  the 
Trustee,  the  Power  Company  shall  deliver  to  the  Trustee 
sworn  statements  of  its  president  or  vice-president,  and 
its  engineer,  and  of  its  treasurer  or  assistant  treasurer, 
showing  that  such  checks  or  drafts  are  drawn  for  one 
or  more  of  the  purposes  for  which  cash  may  be  paid  out 
under  the  provisions  of  this  section  1,  and  the  Trustee  shall 
he  fully  protected  in  paying  any  and  all  checks  or  drafts 
mentioned  in  such  sworn  statements.  The  Trustee  how- 
ever shall  have  the  right  but  shall  not  be  obliged  to  require 
the  Power  Company  to  furnish  such  further  evidence  in 
the  premises  as  the  Trustee  may  deem  necessary  in  order 
to  establish  the  right  of  the  Power  Company  to  the  pay- 
ment of  an}r  such  checks  or  drafts  ; 


Substituted 
property  to  be 
subject  to 
mortgage. 


(3)  In  the  case  of  property  exchanged,  the  property  ac- 
quired by  the  Power  Company  in  exchange  therefor  shall 
be  subjected  to  the  lien  of  this  indenture  in  such  manner  as 
the  Trustee  may  specify  or  require  ; and 


Resolutions 
and  certifi- 
cates shall  be 
delivered  to 
Trustee. 


(4)  Every  request  of  the  Power  Company  for  the  release 
of  property  under  the  provisions  of  this  section  1 shall  be 
accompanied  by  a certified  copy  of  a resolution  of  the 
board  of  directors  of  the  Power  Company  and  sworn  state- 
ments of  three  persons  appointed  by  the  Power  Company 
and  approved  by  the  Trustee,  showing  the  terms  of  the 
sale  or  exchange  of  the  property  to  be  released,  and  also 
showing  that  in  the  opinion  of  said  board  of  directors  and 
the  persons  so  appointed  ( a ) such  property  to  be  released  is 
not  necessary  for  the  efficient ' conduct  of  the  business  of 
the  Power  Company  ; (6)  the  proceeds  realized  or  to  be 
realized  from  the  sale  of ‘the  property  to  be  released  repre- 
sent the  full  value  thereof  or  the  value  of  the  property  ex- 
changed therefor  is  at  least  equal  to  that  of  the  property 
to  be  released  ; and  (c)  such  sale  or  exchange  is  advisable 
from  the  standpoint  of  the  Power  Company,  the  Trustee 


63 


and  the  holders  of  the  bonds  at  the  time  outstanding  here- 
under ; and 

(5)  If  the  property  requested  to  be  released  shall  con- 
stitute a part  of  the  pledged  securities,  there  shall,  in  ad- 
dition to  the  resolutions,  certificates,  statements  and  other 
matters  in  this  section  1 above  specified,  be  delivered  to  the 
Trustee  a certificate  signed  by  one  or  more  competent  en- 
gineers or  other  experts  or  persons  selected  by  the  Trustee 
and  believed  by  it  to  be  disinterested,  stating  and  showing 
that  in  the  opinion  of  the  person  or  persons  signing  such 
certificate  and  so  selected  the  release  of  the  pledged  securi- 
ties mentioned  in  said  certificate,  will  not  in  anywise  or  in 
any  manner  prejudice  or  impair  the  value  of  the  security 
of  the  holders  of  bonds  hereby  secured,  and  that  it  is  no 
longer  necessary  or  advisable,  from  the  standpoint  of  the 
Power  Company,  the  Trustee  and  the  bondholders,  that 
such  pledged  securities  should  be  retained  as  part  of  the 
property  of  the  Power  Company  or  as  part  of  the  security 
for  the  bonds  hereby  secured  ; provided  however  that  in  no 
case  shall  a portion  only  of  the  pledged  securities  issued  by 
the  same  company  or  representing  a lien  upon  or  interest 
in  the  property  thereof  be  released  ; and  provided  further 
that  in  no  event  shall  any  such  release  be  made  unless  it 
be  for  an  amount  in  cash  equal  to  at  least  the  face  amount 
of  the  approved  bonds,  held  or  entitled  to  be  received  by 
the  Trustee,  of  the  said  company,  or  secured  by  a lien  upon 
the  property  of  the  company  which  issued,  or  an  interest  in 
whose  property  is  represented  by,  the  pledged  securities 
asked  to  be  released. 

(6)  The  Trustee  may  in  its  discretion  and  at  the  expense 
of  the  Power  Company  require  additional  evidence  in  respect 
of  any  of  the  statements  or  matters  in  any  of  the  foregoing 
paragraphs  of  this  section  1 mentioned  and  in  any  resolu- 
tion or  certificate  which  may  be  delivered  to  it  pursuant  to 
the  provisions  of  any  such  paragraph. 


Certificate  of 
Engineer. 


Trustee  may- 
re  quire 
additional 
evidence. 


64 


Application  of 
proceeds  of 
property  taken 
by  eminent 
domain. 


Purchaser 

protected. 


Receiver  or 
Trustee 
lawfully 
appointed  may 
exercise 
powers  of 
Power 
Company. 


Evidence  to 
Trustee. 


Section  2.  In  case  any  part  or  parts  of  the  mortgaged 
property  or  any  interest  therein  shall  be  taken  under  any 
condemnation  or  eminent  domain  proceedings,  the  net 
proceeds  realized  by  the  Power  Company  therefrom  shall 
be  disposed  of  in  the  same  manner  as  though  realized  from 
a voluntary  sale  of  such  property  under  the  provisions 
hereof. 

Section  3.  In  favor  of  every  purchaser  from  the  Power 
Company  and  of  every  person  claiming  any  interest 
therein  by,  through  or  under  the  Power  Company,  every 
release  of  property  from  the  lien  of  this  indenture  by  the 
Trustee  under  the  provisions  of  this  Article  Eight  shall  be 
valid,  and  no  such  purchaser  or  person  need  inquire  as  to 
the  power  or  authority  of  the  Trustee  to  give  any  such  re- 
lease. 

Section  4.  In  case  the  mortgaged  premises  shall  be  in 
the  possession  of  a receiver  lawfully  appointed,  the  powers 
in  and  by  this  Article  Eight  conferred  upon  the  Power 
Company  may  be  exercised  by  such  receiver,  with  the  ap- 
proval of  the  Trustee,  and  if  the  Trustee  shall  be  in  posses- 
sion of  the  mortgaged  premises  under  any  provision  of  this 
indenture,  then,  all  the  powers  by  this  Article  Eight  con- 
ferred upon  the  Power  Company  may  be  exercised  by  the 
Trustee  in  its  discretion. 

Section  5.  The  Power  Company  shall  furnish  and  the 
Trustee  shall  be  wholly  protected  in  relying  upon  the 
written  opinion  of  counsel  for  the  Power  Company  that 
the  property  acquired  by  the  Power  Company  upon  the  re- 
lease of  any  of  the  mortgaged  property  as  above  provided, 
or  the  enlargements,  extensions  or  additions  of  and  to  the 
plant  and  property  of  the  Power  Company  acquired  by 
the  use  of  any  money  received  in  consideration  of  any 
such  release,  have  been  made  subject  to  the  lien  hereof  in 
like  manner  as  if  originally  mortgaged  hereby. 


65 


Section  6.  In  case  any  part  of  the  cash  proceeds  of  any 
released  property  received  by  the  Trustee  shall  not  have 
been,  within  six  months  from  the  receipt  of  such  proceeds 
by  the  Trustee,  applied  as  in  section  1 of  this  Article  Eight 
provided,  or  directed  by  resolution  of  the  board  of  directors 
of  the  Power  Company  to  be  held  for  such  use  or  applica- 
tion, the  Trustee  shall  apply  such  proceeds  or  any  part 
thereof  to  purchasing  outstanding  bonds  issued  under  this 
indenture  ; or  if  unable  to  purchase  a sufficient  amount 
of  said  bonds  at  or  below  the  redemption  price  thereof,  the 
Trustee  shall  proceed,  on  and  after  January  first,  1916,  in 
the  name  and  on  behalf  of  the  Power  Company  to  call  bonds 
for  redemption  as  in  Article  Nine  of  this  indenture  pro- 
vided, in  the  same  manner  as  if  the  Power  Company  had 
made  the  election  in  said  Article  Nine  specified  in  respect 
of  the  number  of  bonds  which  the  funds  so  in  the  hands  of 
the  Trustee  will  enable  the  Trustee  to  redeem  according  to 
the  terms  of  said  bonds. 

ARTICLE  NINE. 

Redemption  of  Bonds. 

All  or  any  of  the  bonds  of  the  Power  Company  at  any 
time  outstanding  hereunder  may,  but  not  prior  to  Jan- 
uary first,  1916,  at  the  option  of  the  Power  Company 
be  redeemed  from  the  holder  or  holders  thereof  on  any  in- 
terest payment  date  at  the  office  of  the  Trustee,  or  at  the 
office  of  Harris,  Forbes  and  Company  in  the  City  of  New 
York,  as  such  holder  or  holders  may  elect,  at  par,  ac- 
crued interest  and  a premium  of  five  per  cent,  upon  the 
principal  thereof  ; provided  the  Power  Company  shall  have 
published  notice  of  such  redemption,  at  least  once  in  each 
week  for  twelve  weeks  immediately  preceding  the  half 
yearly  interest  date  on  which  such  redemption  is  to  be  made, 
in  a newspaper  of  general  circulation  published  in  the  City 
of  New  York.  If  so  required  by  the  Trustee,  copies  of 
such  notice  of  redemption  shall  be  mailed  by  the  Power 


Application  of 
proceeds  from 
sale  of 
property 
released. 


Bonds 

redeemable  on 
any  interest 
day  subse- 
quent to 
January  1,1916, 
at  105  per  cent. 


Publication  of 
notice  and 
proceedings  in 
respect  of 
redemption. 


66 


Defeasance 
upon  deposit 
of  redemption 
price. 


Conditions  of 
acceptance  of 
trusts. 


Trustee’s 
protection 
and  immuni- 
ties. 


Company  on  or  before  the  date  of  the  first  publication 
thereof  to  the  Trustee  and  to  the  holder  of  each  regis- 
tered bond  at  the  last  post-office  address  of  such  owner 
shown  on  the  registry  books  of  the  Power  Company . In 
case  less  than  all  the  bonds  outstanding  at  the  time  shall 
be  proposed  to  be  redeemed,  the  bonds  to  be  redeemed  shall 
in  all  cases  be  chosen  by  the  Trustee  by  lot,  in  such  manner 
as  the  Trustee  shall  determine  or  approve. 

If  the  amount  necessary  to  redeem  the  bonds  called  for 
redemption  as  aforesaid  shall  have  been  deposited  with  the 
Trustee  for  the  account  of  the  holder  or  holders  of  such 
bonds  on  or  before  the  date  specified  for  such  redemption, 
and  the  notice  hereinbefore  mentioned  shall  have  been 
duly  given,  the  Power  Company  and  the  Trustee  shall  be 
privileged  to  consider  such  bonds  redeemed  from  the  holder 
or  holders  thereof  and  interest  on  said  bonds  shall  cease  at 
the  date  specified  for  such  redemption,  and  thereafter  said 
bonds  shall  not  be  entitled  to  any  benefit  of  or  from  this 
indenture.  In  case  any  question  shall  arise  as  to  whether 
any  such  notice  shall  have  been  sufficiently  given,  such 
question  shall  be  decided  by  the  Trustee  and  the  decision 
of  the  Trustee  shall  be  final  and  binding  upon  all  parties 
in  interest. 

ARTICLE  TEN. 

Concerning  the  Trustee. 

Section  1.  The  Trustee  hereby  accepts  the  trusts  im- 
posed upon  it  by  this  indenture,  but  only  upon  and  subject 
to  the  following  express  terms  and  conditions:* 

(a)  The  Trustee  may  execute  any  of  the  trusts  or  powers 
hereof  and  perform  any  duties  required  of  it  by  or  through 
its  attorneys,  agents,  receivers  or  employees  and  shall  be 
entitled  to  advice  of  counsel  concerning  all  matters  of  trust 
hereof  and  its  duties  hereunder,  and  may  in  all  cases  pay 
such  reasonable  compensation  as  it  shall  deem  proper  to  all 
such  attorneys,  agents,  receivers  and  employees  as  may  by 


67 


it  ba  employed  in  connection  with  the  trusts  hereof  and 
to  such  counsel,  and  the  Power  Company  covenants  and 
agrees  to  repay  upon  demand  all  such  outlays  and  ex- 
penditures so  incurred; 

( b ) The  Trustee  shall  not  be  responsible  for  any  recitals 
herein  or  in  said  bonds,  nor  for  insuring  the  mortgaged 
property  or  collecting  any  insurance  moneys,  nor  for  the 
execution,  recording  or  validity  of  this  indenture,  nor  for 
the  sufficiency  of  the  security  for  the  bonds  issued  under  or 
intended  to  be  secured  hereby,  nor  for  the  value  or  title  of 
any  of  the  mortgaged  property,  nor  for  keeping  down 
taxes,  charges,  assessments  or  liens  upon  the  same,  nor 
otherwise  as  to  the  maintenance  of  the  security  thereof  ; 
and  the  Trustee  shall  not  be  bound  to  ascertain  or  inquire 
as  to  the  performance  or  observance  of  any  covenants,  con- 
ditions or  agreements  on  the  part  of  the  Power  Company; 
and  the  Trustee  may  from  time  to  time  require  of  the 
Power  Company  full  information  and  advice  as  to  the 
performance  of  the  covenants,  conditions  and  agreements 
aforesaid  and  as  to  the  condition  of  the  mortgaged  property; 

(c)  The  Trustee  shall  be  protected  in  acting  upon  any 
notice,  request,  consent,  certificate,  order,  affidavit,  letter, 
telegram  or  other  paper  or  document  believed  to  be  gen- 
uine and  correct  and  to  have  been  signed  or  sent  by  the 
proper  person  or  persons,  and  the  Trustee  shall  not  be 
bound  to  recognize  any  person  as  a holder  of  any  bond  or 
coupon  or  to  take  any  action  at  his  request  unless  such 
bond  or  coupon  shall  be  deposited  with  the  Trustee  or  sub- 
mitted to  it  for  Inspection; 

(d)  The  Trustee  shall  not  be  obliged  to  do  any  act 
hereunder  or  to  defend  any  suit  in  respect  hereof  unless 
indemnified  to  its  satisfaction  against  loss,  cost,  liability 
and  expense  ; 

( e ) As  to  the  existence  or  non-existence  of  any  fact,  the 
Trustee  shall  be  entitled  to  rely  upon  a certificate  of  the 
Power  Company  signed  by  its  president  or  one  of  its  vice- 


68 


presidents  and  attested  by  its  secretary  or  one  of  its  as- 
sistant secretaries  as  sufficient  evidence  of  the  facts  therein 
contained,  and  shall  also  be  at  liberty  to  accept  a similar 
certificate  to  the  effect  that  any  particular  dealing, 
transaction  or  action  is  necessary  or  expedient,  but  it  may 
in  its  discretion,  at  the  expense  of  the  Power  Com- 
pany, in  every  case  secure  such  further  evidence  as  it 
may  think  necessary  or  advisable,  but  shall  in  no  case  be 
bound  to  secure  the  same.  The  Trustee  may  in  relation 
to  this  indenture  act  upon  the  opinion  or  advice  of  any  at- 
torney, valuer,  surveyor,  engineer,  accountant  or  other 
expert,  or  of  any  counsel,  whether  retained  by  the  Trus- 
tee, the  Power  Company  or  otherwise,  and  shall  not  be 
responsible  for  any  loss  resulting  from  any  action  or  non- 
action in  accordance  with  any  such  opinion  or  advice; 

(/)  The  Trustee  shall  not  be  liable  for  any  action  taken 
by  it  in  good  faith  and  believed  by  it  to  be  within  the  dis- 
cretion or  power  conferred  upon  it  by  this  indenture  or  be 
responsible  for  the  consequences  of  any  oversight  or  error 
of  judgment  on  its  part,  and  the  Trustee  shall  not  in  any 
event  be  liable  for  any  loss  or  damage  caused  by  or  result- 
ing from  the  act  or  neglect  of  any  person  employed  and 
selected  with  reasonable  care,  nor  for  any  loss  unless  the 
same  shall  happen  through  its  own  wilful  default  ; 

(g)  The  Trustee  shall  not  be  required  to  take  notice  or 
be  deemed  to  have  notice  of  any  default  hereunder  unless 
specifically  notified  in  writing  of  such  default,  and  all 
notices  or  other  instruments  required  by  this  indenture  to 
be  delivered  to  the  Trustee  must  in  order  to  be  effective  be 
delivered  at  the  office  of  the  Trustee; 

(h)  The  Trustee  shall  not  be  liable  for  any  debts  con- 
tracted or  for  damages  to  persons  or  to  property  injured  or 
damaged  or  for  salaries  or  non-fulfillment  of  contracts 
during  any  period  in  which  the  Trustee  may  be  in  the  pos- 
session of  or  manage  the  mortgaged  property  as  in  this 
indenture  provided  ; 


69 


(t)  At  any  and  all  reasonable  times,  the  Trustee  and  its 
duly  authorized  agents,  attorneys,  experts,  engineers, 
accountants  and  representatives  shall  have  the  right  fully 
to  inspect  any  and  all  of  the  properties  of  the  Power  Com- 
pany and  of  the  subsidiary  companies,  or  any  of  them, 
including  all  books,  papers  and  contracts  of  the  Power 
Company  and  of  the  subsidiary  companies,  and  to  take 
such  memoranda  from  and  in  regard  thereto  as  may  be 
desired  ; and 

(j)  The  Trustee  shall  not  be  required  to  give  any  bond 
or  surety  in  respect  of  the  execution  of  the  said  trusts  and 
powers  or  otherwise  in  respect  of  the  premises. 

Section  2.  The  Trustee  shall  have  a first  lien  hereunder 
upon  the  mortgaged  property  for  its  reasonable  compensa- 
tion and  for  expenses,  advances  and  counsel  fees  incurred 
in  and  about  the  execution  of  the  trusts  hereby  created  and 
the  exercise  and  performance  of  the  powers  and  duties  of 
the  Trustee  hereunder  and  the  cost  and  expenses  of  defend- 
ing against  any  liability  in  the  premises  of  any  character 
whatsoever,  and  the  Power  Company  hereby  covenants  and 
agrees  to  pay  unto  the  Trustee  on  demand  therefor  all  such 
reasonable  compensation  for  its  service  in  the  premises  as 
well  as  all  advances,  counsel  fees  and  other  expenses  rea- 
sonably made  or  incurred  in  and  about  the  execution  of  the 
trusts  hereby  created. 

Section  3.  The  Trustee  may  at  any  time  resign  from 
the  trust  hereby  created  by  giving  thirty  days’  written  no- 
tice to  the  Power  Company  and  to  the  other  trustee,  if  any, 
and  such  resignation  shall  take  effect  at  the  end  of  said 
thirty  days.  Such  notice  and  as  well  any  other  notice  by 
any  provision  of  this  indenture  required  or  contemplated  to 
be  given,  shall  have  been  sufficiently  given  for  every  pur- 
pose if  delivered  to  any  officer  of  the  Power  Company  or 
deposited  in  some  post-office  addressed  to  the  Power  Com- 
pany at  Portland,  Maine. 


Trustee  to 
have  first  lien 
for  its  reason- 
able compen- 
sation and 
expenses. 


Resignation  of 
Trustee -30 
days’  notice  to 
be  given. 


TO 


Removal  of 
Trustee. 


Appointment 
of  successor. 


Notice  of 
appointment 
by  Power  Co. 


Appointment 
by  bondhold- 
ers . 


Vesting  of 
mortgaged 
properties  in 
successor. 


Section  4.  The  Trustee  may  be  removed  at  any  time 
by  an  instrument  or  concurrent  instruments  in  writing  de- 
livered to  the  Trustee  and  to  the  Power  Company,  and 
signed  by  the  holders  of  a majority  in  amount  of  the  bonds 
hereby  secured  and  then  outstanding. 

Section  5.  In  case  at  any  time  the  Trustee  or  any  trus- 
tee or  trustees  hereafter  appointed,  shall  resign  or  shall  be 
removed  or  be  dissolved  or  otherwise  shall  become  inca- 
pable of  acting,  a successor  may  be  appointed  by  the  holders 
of  a majority  in  amount  of  the  bonds  hereby  secured  and 
then  outstanding,  by  an  instrument  or  concurrent  instru- 
ments in  writing  signed  by  such  bondholders  or  by  their 
attorneys  in  fact  duly  authorized  ; provided  nevertheless 
and  it  is  hereby  agreed  and  declared,  that  in  case  at  any 
time  there  shall  be  a vacancy  in  the  office  of  trustee  here- 
under, the  Power  Company  by  instrument  executed  by 
order  of  its  board  of  directors  may  appoint  a trustee  to  fill 
such  vacancy  until  a new  trustee  shall  be  appointed  by  the 
bondholders  as  herein  authorized.  The  Power  Company 
shall  publish  notice  of  any  such  appointment  by  it  made 
once  in  each  week  for  four  consecutive  weeks  in  a daily 
newspaper  of  general  circulation  published  in  the  City 
of  New  York  ; and  any  new  trustee  appointed  by  the 
Power  Company  shall  immediately  and  without  further 
act  be  superseded  by  a Trustee  appointed  by  the  bond- 
holders in  the  manner  above  specified,  provided  that  such 
appointment  be  made  prior  to  the  expiration  of  one  year 
from  the  date  of  the  first  publication  of  such  notice. 
Every  such  Trustee  appointed  by  the  bondholders  or  by 
the  Power  Company  shall  always  be  a trust  company  in 
good  standing  in  the  City  of  New  York  having  a capital, 
surplus  and  undivided  profits  aggregating  not  less  than 
two  million  dollars,  if  there  be  such  a trust  company 
willing  and  able  to  accept  the  trust  upon  reasonable  or 
customary  terms. 

Any  new  trustee  appointed  hereunder  shall  execute,  ac- 
knowledge and  deliver  to  the  trustee  last  in  office  and  to 


71 


its  or  his  co-trustee,  if  any,  and  also  to  the  Power  Com- 
pany, an  instrument  accepting  such  appointment  here- 
under; and  thereupon  such  new  trustee  without  any  far- 
ther act,  deed  or  conveyance  shall  become  fully  vested  with 
all  the  estates,  properties,  rights,  powers,  trusts,  duties 
and  obligations  of  its  predecessor  in  trust  hereunder  with 
like  effect  as  if  originally  named  as  Trustee  herein;  but  the 
Trustee  ceasing  to  act  shall  nevertheless  on  the  written  re- 
quest of  the  Power  Company  or  of  the  new  trustee  and 
at  the  cost  and  expense  of  the  Power  Company,  execute 
any  and  every  instrument  necessary  or  convenient  to 
transfer  to  such  new  trustee,  upon  the  trusts  herein  ex- 
pressed, all  the  estates,  properties,  rights,  powers  and 
trusts  of  the  Trustee  ceasing  to  act,  and  shall  duly  assign, 
transfer  and  deliver  all  property  and  moneys  held  by  such 
Trustee  to  the  new  trustee.  Should  any  deed,  conveyance 
or  other  instrument  in  writing  from  the  Power  Company 
be  required  by  the  new  trustee  for  more  fully  and  certainly 
vesting  in  and  confirming  to  such  new  trustee  such  estates, 
rights,  powers  and  duties,  any  and  all  such  deeds,  convey- 
ances and  instruments  in  writing  shall  on  request  be 
executed,  acknowledged  and  delivered  by  the  Power  Com- 
pany. 

Section  6.  If  at  any  time  or  times  the  Trustee  shall  so 
request  as  being  in  its  opinion  necessary  in  order  to  con- 
form to  any  legal  requirement,  the  Power  Company  and 
the  Trustee  shall  unite  in  the  execution  and  performance 
of  any  and  all  instruments  and  agreements  necessary  or 
proper  to  appoint  another  trust  company,  or  one  or  more 
persons  approved  by  the  Trustee,  either  to  act  as  co-trustee 
or  co- trustees  of  all  or  any  of  the  property  subject  to  the 
lien  hereof,  jointly  with  the  Trustee  originally  named 
herein  or  its  successor  or  successors,  or  to  act  as  separate 
trustee  or  trustees  of  any  such  property. 

Section  7.  Every  successor  trustee  and  every  additional 
trustee  hereunder  other  than  any  trust  company  which 


Appointment 
of  co-trustee. 


Conditions  of 

acceptance  by 

successor 

trustee  and 

every 

additional 

trustee. 


72 


may  be  appointed  as  successor  to  the  Harris  Trust  and 
Savings  Bank,  shall  to  the  extent  permitted  by  law  be  ap- 
pointed subject  to  the  following  provisions  and  conditions, 
namely  : 

(1)  The  bonds  secured  hereby  shall  be  authenticated  and 
delivered,  and  all  powers,  duties,  obligations  and  rights 
conferred  upon  the  said  Trustee  in  respect  of  the  custody 
of  all  pledged  securities  and  cash,  shall  be  exercised  solely 
by  the  Harris  Trust  and  Savings  Bank,  or  a trust  company 
appointed  and  acting  as  its  successor  in  the  trust 
hereunder ; 

(2)  No  power  shall  be  exercised  hereunder  by  such  suc- 
cessor or  additional  trustee  or  trustees  except  jointly  with 
the  consent  in  writing  of  the  Harris  Trust  and  Savings 
Bank  or  any  trust  company  which  may  have  been  ap- 
pointed and  be  acting  as  its  successor  in  the  trust ; and 

(3)  The  Power  Company  and  the  Harris  Trust  and  Sav- 
ings Bank  or  its  successors  in  the  trust,  at  any  time,  by  an 
instrument  in  writing  executed  by  them  jointly  may  re- 
move any  such  other  trustee  or  trustees,  and  by  an  instru- 
ment in  writing  executed  by  them  jointly  may  appoint  a 
successor  or  successors  to  such  other  trustee  or  trustees 
anything  herein  contained  to  the  contrary  notwithstanding. 


Notice 
delivered  to 
Harris  Trust 
and  Savings 
Bank  or  its 
successor 
shall  he 
deemed  to 
have  been 
delivered  to 
all  trustees. 


Any  notice,  request  or  other  writing  by  or  on  behalf  of 
the  bondholders  delivered  solely  to  the  Harris  Trust  and 
Savings  Bank  or  its  successor  in  the  trust,  shall  be  deemed 
to  have  been  delivered  to  all  such  trustees  as  effectually  as 
if  delivered  to  each  of  them. 


Instruments 
appointing  a 
successor  or 
additional 
trustee  shall 
refer  to  this 
indenture 
and  the 
conditions  of 
Article  Ten. 


Every  instrument  appointing  a successor  or  additional 
trustee  or  trustees  shali  refer  to  this  indenture  and  the 
conditions  in  this  Article  Ten  expressed,  and  upon  the 
acceptance  in  writing  by  such  successor  or  additional 
trustee  or  trustees,  he,  they  or  it  shall  be  vested  with  the 
estates  and  property  specified  in  such  instrument,  either 
jointly  with  the  Harris  Trust  and  Savings  Bank  or  its  suc- 
cessor, or  separately  as  may  be  provided,  subject  to  all  the 


73 


trusts,  conditions,  covenants  and  provisions  of  this  inden- 
ture, Every  such  instrument  shall  be  filed  with  the 
Harris  Trust  and  Savings  Bank  or  its  successor  in  the 
trust. 

Any  additional  trustee  or  trustees  may  at  any  time  by  an 
instrument  in  writing  constitute  the  Harris  Trust  and 
Savings  Bank,  and  its  successor  in  the  trust  hereunder, 
his,  their  or  its  agent  or  attorney  in  fact  with  full  power 
and  authority,  to  the  extent  which  may  be  permitted  by 
law,  to  do  all  acts  and  things  and  exercise  all  discretions 
authorized  or  permitted  by  him,  them  or  it  for  and  in  behalf 
and  in  the  name  of  the  trustee  or  trustees  executing  such 
instrument. 

In  case  any  additional  trustee  or  trustees  or  a successor 
to  either  of  them,  shall  die,  become  incapable  of  acting, 
resign  or  be  removed,  all  the  estates,  property,  rights, 
power,  trusts,  duties  and  obligations  of  the  said  trustee,  so 
far  as  permitted  by  law,  shall  vest  in  and  be  exercised  by 
the  Harris  Trust  and  Savings  Bank  or  its  successor  in  the 
trust,  without  the  appointment  of  a new  trustee  or  suc- 
cessor to  such  additional  trustee. 

No  successor  to  any  additional  trustee  shall  be  appointed 
unless  such  appointment  shall  be  necessary  for  the  full  pro- 
tection of  the  bondholders  hereunder,  nor  unless  the  Harris 
Trust  and  Savings  Bank  or  its  successor,  or  the  holders  of 
a majority  in  amount  of  the  bonds  hereby  secured,  shall 
deem  such  appointment  expedient  for  any  cause. 

Section  8.  Except  as  herein  otherwise  provided,  any  re- 
quest, direction  or  order  of  the  Power  Company  in  this  in- 
denture mentioned  shall  be  expressed  by  a copy  of  a reso- 
lution of  the  board  of  directors  of  the  Power  Company, 
certified  by  its  secretary  or  one  of  its  assistant  secretaries 
under  its  corporate  seal.  Whenever  the  existence  or  non- 
existence of  any  fact  or  other  matter  shall  be  material,  the 
Trustee  shall  unless  herein  elsewhere  provided  to  the  con- 
trary be  protected  in  acting  or  refraining  from  acting 
under  any  provision  of  this  instrument,  in  relying  upon  a 


Additional 
Trustee  may 
appoint  Harris 
Trust  and 
Savings  Bank 
or  its  suc- 
cessor its 
attorney  in 
fact. 


Removal  of 

additional 

trustee. 


Appointment 
of  successor 
to  additional 
trustee. 


Trustee  pro- 
tected in 
acting  on 
certificates  of 
officers. 


74 


Proof  of 
execution. 


Proof  of 
ownership 
of  bonds. 


certificate  as  to  the  existence  or  non-existence  of  any  such 
fact  or  matter  signed  by  the  president  or  one  of  the  vice- 
presidents  and  by  the  secretary  or  one  of  the  assistant  secre- 
taries or  the  treasurer  or  one  of  the  assistant  treasurers  of 
the  Power  Company. 


ARTICLE  ELEVEN. 

Authentication  of  Bondholders’  Instruments. 

Any  request  or  other  instrument  which  this  indenture 
may  require  or  permit  to  be  signed  and  executed  by 
the  bondholders,  may  be  in  any  number  of  concurrent  in- 
struments of  similar  tenor  and  may  be  signed  or  executed 
by  such  bondholders  in  person  or  by  attorney  appointed  in 
writing.  Proof  of  the  execution  of  any  such  request  or 
other  instrument  or  of  a writing  appointing  any  such 
agent  or  of  the  holding  by  any  person  of  the  bonds  or 
coupons  appertaining  thereto,  shall  be  sufficient  for  every 
purpose  of  this  indenture  if  made  in  the  following  manner: 

(a)  The  fact  and  date  of  the  execution  by  any  person  of 
such  request  or  other  instrument  in  writing  may  be  proved 
by  the  certificate  of  any  notary  public  or  other  officer 
authorized  to  take  acknowledgments  of  deeds  to  be  re- 
corded in  any  State,  that  the  person  signing  such  request 
or  other  instrument  acknowledged  to  him  the  execution 
thereof,  or  by  an  affidavit  of  a witness  of  such  execution; 

(b)  The  amount  of  bonds  transferable  by  delivery  held 
by  any  person  executing  such  request  or  other  instrument 
as  a bondholder  and  the  issued  numbers  thereof  held  by 
such  person  and  the  date  of  his  holding  the  same,  may  be 
proved  by  a certificate  executed  by  any  trust  company, 
bank,  bankers  or  other  depositary  wheresoever  situated, 
if  such  certificate  shall  be  deemed  by  the  Trustee  to  be 
satisfactory,  showing  that  at  the  date  therein  mentioned 
such  person  had  on  deposit  with  such  depositary  the  bonds 


75 


described  in  such  certificate..  The  ownership  of  registered 
bonds  shall  be  proved  by  the  registry  books  as  hereinbefore 
provided. 

The  Trustee  shall  not  be  bound  to  recognize  any  person 
as  a bondholder  unless  and  until  his  title  to  the  bonds  held 
by  him  is  proved  in  the  manner  in  this  Article  Eleven  pro- 
vided. 


ARTICLE  TWELVE. 

Defeasance  and  Miscellaneous  Provisions. 

Section  1.  Until  the  security  hereof  shall  become  en-  Power  Com- 
forcible  as  provided  in  sections  1 and  2 of  Article  Six  hereof,  Pany entltled 
the  Power  Company  shall  be  suffered  and  permitted  to 
possess,  operate,  maintain  and  enjoy  all  the  franchises, 
rights  and  property  of  every  kind  conveyed  by  this  inden- 
ture and  every  part  thereof,  other  than  the  pledged 
securities  and  money  herein  provided  to  be  deposited  with 
the  Trustee,  and  to  take  and  use  the  income,  rents, 
issues  and  profits  thereof,  with  power  in  the  ordinary 
course  of  business  freely  to  use  and  consume  the  supplies  and 
except  as  herein  otherwise  expressly  provided  to  the  con- 
trary to  deal  with  choses  in  action  and  contracts  and  exer- 
cise the  rights  and  powers  conferred  upon  it  thereby;  and 
to  alter,  repair  and  remove  its  buildings  and  structures, 
and  to  change  the  position  of  its  plants,  canals,  dams, 
ditches,  poles  and  wires,  or  other  property  whatsoever,  and 
to  replace  and  renew  any  of  its  equipment,  machinery, 
poles  or  other  property ; and  in  its  discretion  to  sell  or 
otherwise  dispose  of  any  of  its  machinery,  apparatus,  tools, 
appliances,  and  other  personal  assets  which  may  have  be- 
come worn  out  or  damaged  or  otherwise  unsuitable  for  its 
purposes,  provided  that  if  the  same  shall  be  subject  to  the 
lien  of  these  presents,  it  shall  substitute  therefor,  subject 
to  the  lien  of  these  presents,  free  from  prior  lien  or  charges, 


76 


property  of  equal  value,  so  that  the  security  of  the  bonds 
issued  and  to  be  issued  hereunder  shall  not  thereby  be  in 
anywise  reduced  or  impaired. 


Reversion  of 

mortgaged 

property  to 

Power 

Company 

upon 

performance. 


Section  2.  If  and  when  the  bonds  hereby  secured  shall 
have  become  due  and  payable,  the  Power  Company  shall 
well  and  truly  pay  or  cause  to  be  paid  the  whole  amount 
of  the  principal  moneys  and  interest  due  upon  all  the  bonds 
hereby  secured  and  then  outstanding,  or  shall  provide  for 
such  payment  by  depositing  with  the  Trustee  hereunder 
for  the  payment  of  such  bonds  and  the  accrued  interest 
thereon  the  entire  amount  then  due  thereon  for  principal 
and  interest,  and  also  shall  pay  or  cause  to  be  paid  all 
other  sums  then  accrued  and  to  be  paid  to  the  Trustee 
hereunder  by  the  Power  Company,  then  and  in  that  case, 
all  property,  shares  of  stock,  bonds,  obligations  and  other 
rights  and  interests  hereunder  conveyed,  assigned,  mort- 
gaged or  pledged  or  then  subject  hereto,  shall  revert  to  the 
Power  Company,  its  successors  or  assigns  ; and  the  estate, 
rights,  title  and  interest  of  the  Trustee  in  respect  thereof 
shall  thereupon  cease,  determine  and  become  void  ; and 
the  Trustee  in  such  case  on  demand  of  the  Power  Com- 
pany, its  successors  or  assigns,  and  at  its  or  their  cost  and 
expense,  shall  execute  proper  instruments  acknowledging 
satisfaction  of  this  indenture  ; but  the  Trustee  in  such 
case  shall  continue  to  hold  as  depositary  for  the  Power 
Company,  its  successors  and  assigns,  the  certificates  for  all 
shares  of  stock,  and  all  bonds  or  other  obligations  and 
claims  and  the  evidences  thereof,  which  are  then  on  de- 
posit with  it  hereunder,  until  the  board  of  directors  of  the 
Power  Company,  its  successors  or  assigns,  by  resolution, 
shall  have  authorized  some  disposition  thereof  ; whereupon 
the  Trustee  shall  dispose  of  such  shares  of  stock,  bonds  or 
other  securities  as  authorized  by  such  resolution. 


The  term 
Power 
Company 
means 
Consumers 
Power 
Company  or 
its  successor. 


Section  3.  For  every  purpose  of  this  indenture,  includ- 
ing the  execution,  issue  and  use  of  any  and  all  the  bonds 


77 


authorized  to  be  issued  hereunder,  the  term  Power  Com- 
pany includes  and  means  not  only  the  Consumers  Power 
Company,  but  also  any  successor  corporation.  Every  such 
successor  corporation  shall  possess  and  from  time  to  time 
may  exercise  each  and  every  right  and  power  hereunder 
of  the  Consumers  Power  Company,  in  its  name  or  other- 
wise, and  any  act  or  proceeding  by  any  provision  of  this 
indenture  required  to  be  done  or  performed  by  the  board  of 
directors  or  any  officer  of  the  Power  Company  may  be  done 
and  performed  with  like  force  and  effect  by  the  like  board 
or  officer  of  any  corporation  that  shall  at  the  time  be  such 
lawful  successor  of  the  Power  Company. 

Nevertheless,  before  the  exercise  of  the  powers  conferred 
by  this  section  3,  the  Power  Company,  by  instrument 
in  writing  executed  by  authority  of  its  board  of  directors 
and  delivered  to  the  Trustee,  may  surrender  any  of  the 
powers  by  any  provision  of  this  indenture  reserved  to 
the  Power  Company,  or  to  such  successor  corporation  ; 
and  thereupon  such  power  so  surrendered  shall  terminate. 

Section  4.  The  terms  or  words  4 6 the  Trustee,”  “ said  Definitions. 
Trustee,”  or  any  other  equivalent  terms  as  used  in  this 
indenture,  shall  be  held  and  construed  to  mean  the  Trustee 
or  Trustees  for  the  time  being,  whether  original  or  suc- 
cessor ; and  the  words  “Trustee,”  “bond,”  “bondholder” 
and  “holder,”  shall  include  the  plural  as  well  as  the  sin- 
gular number,  whether  or  not  so.  expressed. 

The  word  “bond”  or  “ bonds  ” shall,  unless  otherwise 
indicated,  mean  and  refer  to  bonds  duly  authenticated  and 
issued  in  accordance  with  the  provisions  hereof  and  the 
word  “coupon”  or  “coupons”  to  a coupon  or  to  coupons 
pertaining  to  bonds  authenticated  and  so  issued. 

The  terms  “stock,”  “capital  stock,”  “shares”  and 
“shares  of  capital  stock”  unless  the  context  expressly 
requires  a different  construction,  shall  be  deemed  to  include 


78 


Covenants 
herein  con- 
tained to  be 
binding  on 
successors  or 
assigns  of 
Power 
Company. 

Rights  limited 
to  parties  and 
bondholders. 


Marginal  notes 
and  index  no 
part  of 
indenture. 

Testimonium 

clause. 


certificates  of  deposit  for  shares,  voting  trust  certificates 
for  shares  and  certificates  of  beneficial  interest  therein. 

Section  5.  All  the  covenants,  stipulations,  promises  and 
agreements  in  this  indenture  contained  by  or  on  behalf  of 
the  Power  Company,  shall  bind  and  be  binding  upon  its 
successors  and  assigns,  whether  or  not  so  expressed. 

Section  6.  Nothing  in  this  indenture  or  in  the  bonds  ex- 
pressed or  implied  is  intended  or  shall  be  construed  to  give 
any  person  or  corporation  other  than  the  parties  hereto 
and  the  holders  of  the  bonds,  any  legal  or  equitable  right, 
remedy  or  claim  under  or  in  respect  of  this  indenture  or 
under  any  covenant,  condition  or  provision  herein  con- 
tained ; all  the  covenants,  conditions  and  provisions  herein 
being  intended  to  be  and  being  for  the  sole  and  exclusive 
benefit  Of  the  parties  hereto  and  of  the  holders  of  the 
bonds  and  interest  obligations  pertaining  thereto. 

Section  7.  The  marginal  notes  and  index  or  table  of 
contents  are  no  part  of  this  indenture. 

In  witness  whereof,  the  Consumers  Power  Company 
has,  at  the  City  of  New  York  in  the  State  of  New  York, 
caused  its  corporate  seal  to  be  hereto  affixed  and  this  in- 
strument to  be  signed  in  its  behalf  and  name  by  its  presi- 
dent or  one  of  its  vice:presidents,  and  has  caused  its 
corporate  seal  to  be  attested  by  its  secretary  or  one  of 
its  assistant  secretaries ; and  the  Harris  Trust  and  Sav- 
ings Bank  has,  at  the  City  of  Chicago  in  the  County  of 
Cook  and  State  of  Illinois,  likewise  caused  its  corporate  seal 
to  be  hereto  affixed  and  this  instrument  to  be  signed  in  its 
behalf  and  name  by  its  president  or  one  of  its  vice-presi- 
dents, and  has  caused  its  corporate  seal  to  be  attested  by 


79 


its  secretary  or  one  of  its  assistant  secretaries  ; all  as  of 
the  day  and  year  first  above  written. 


Consumers  Power  Company, 


by 


E.  W.  Clark, 

Vice-President. 


[CORPORATE  SEAL.] 


Attest : 

Geo.  E.  Hardy, 

Secretary. 

Signed,  sealed  and  delivered  by  the  Consumers 
Power  Company  in  the  presence  of  us  wTho 
hereto  subscribe  our  names  as  witnesses  in 
attestation  thereof: 


A.  B.  Leet. 

W.  H.  Bennett. 


Albert  W.  Harris, 

Vice-President. 


[corporate  seal.] 


Attest: 

Edward  P.  Smith, 

Secretary. 

Signed,  sealed  and  delivered  by  the  Harris  1 
Trust  and  Savings  Bank  in  the  presence  of  [ 
us  who  hereto  subscribe  our  names  as  wit-  | 


nesses  in  attestation  thereof : 


J 


Robert  0.  Lord. 
Donald  C.  Miller, 


80 


State  of  New  York,  ) 

County  of  New  York,  ) SS'  * 

Be  it  remembered  that  on  this  15th  day  of  February,  in 
the  year  1911,  before  me,  the  undersigned,  a notary  pub- 
lic in  and  for  the  County  and  State  above  named,  person- 
ally appeared  the  above  namM  E.  W.  Clark,  Vice-Presi- 
dent of  the  Consumers  Power  Company,  to  me  personally 
known,  and  being  by  me  duly  sworn  did  depose  and  say 
that  he  resides  in  Philadelphia,  that  he  is  Vice-Presi- 
dent of  the  Consumers  Power  Company,  the  cor- 
poration described  in  and  which  executed  the  above 
instrument,  that  he  knows  the  seal  of  said  corporation 
and  that  the  seal  affixed  to  said  instrument  is  the 
corporate  seal  of  said  corporation,  that  it  was  so  affixed 
to  said  instrument  and  said  instrument  was  signed  and 
sealed  on  behalf  of  said  corporation  by  authority  and  order 
of  the  board  of  directors  of  said  corporation,  and  that  he 
signed  his  name  thereto  by  like  order  ; and  said  E.  W. 
Clark  acknowledged  said  instrument  to  be  the  free  act  and 
deed  of  said  corporation. 

In  witness  whereof,  I have  hereunto  set  my  hand  and 
notarial  seal,  in  the  County  and  State  of  New  York,  on 
the  day  and  year  in  this  certificate  first  above  written. 

Jno.  C.  Weadock, 
Notary  Public,  within  and  for 
[seal.]  the  County  of  New  York  in 

the  State  of  New  York. 

My  commission  as  notary  public  expires  Mar.  30,  1912. 


81 


State  of  Illinois,  ) 

County  of  Cook,  ) s*  ’ 

Be  it  remembered  that  on  this  17th  day  of  February,  in 
the  year  1911,  before  me,  the  undersigned,  a notary  public 
in  and  for  the  County  and  State  above  named,  personally 
appeared  the  above-named  Albert  W.  Harris,  Vice-Presi- 
dent of  the  Harris  Trust  and  Savings  Bank,  to  me  person- 
ally known,  and  being  by  me  duly  sworn,  did  depose  and 
say  that  he  resides  in  Chicago,  111.;  that  he  is  Vice-Presi- 
dent of  the  Harris  Trust  and  Savings  Bank,  the  corporation 
described  in  and  which  executed  the  above  instrument ; 
that  he  knows  the  seal  of  said  corporation,  and  that  the 
seal  affixed  to  said  instrument  is  the  corporate  seal  of  said 
corporation  ; that  it  was  so  affixed  to  said  instrument  and 
said  instrument  was  signed  and  sealed  on  behalf  of  said 
corporation  by  authority  and  order  of  the  board  of  directors 
of  said  corporation,  and  that  he  signed  his  name  thereto  by 
like  order ; and  said  Albert  W.  Harris  acknowledged  said 
instrument  to  be  the  free  act  and  deed  of  said  corporation. 

In  witness  whereof,  I have  hereunto  set  my  hand  and 
notarial  seal  in  the  County  of  Cook,  State  of  Illinois,  on 
the  day  and  year  in  this  certificate  first  above  written. 

R.  S.  Pribble, 

Notary  Public  within  and  for 
[seal.]  the  County  of  Cook  in  the 

State  of  Illinois. 


My  commission  as  notary  public  expires  Dec.  17,  1914. 


\ 


SUPPLEMENTAL.  TRUST  INDENTURE 


Dated  August  3,  1915 


CONTENTS.* 


Recitals  : page 

Date  1 

Parties  1 

Execution  of  Trust  Indenture 1 

Right  to  convey  mortgaged  property  and  obtain  sur- 
render and  cancellation  of  pledged  securities,  etc. . . 1 

Authority  of  Company  to  do  business  in  Michigan . . 2,  4 

Property  of  subsidiary  companies  subjected  to  lien  of 

Trust  Indenture  2 

Opinion  of  counsel  delivered  to  Trustee 3 

Order  of  Michigan  Railroad  Commission 3 

Resolution  of  stockholders  and  directors 4 

Granting  Clause: 

Grant  and  conveyance 4 

General  description  of  property  mortgaged 4-6 

Specific  description  of  real  and  personal  property.  . . . 6-98 

Au  Sable  Electric  Company 6-15 

Bay  City  Power  Company 15-16 

Central  Power  Company 16-17 

Commonwealth  Power  Company 17-49 

Consumers  Power  Company  (Mich.) 49-54 

Economy  Power  Company 54-72 

Flint  Electric  Company 72-73 

Grand  Rapids  Edison  Company,  \ 

Grand  Rapids-Muskegon  Power  Co.  \ 

Pontiac  Power  Co 95-96 

Saginaw  Power  Company 96—98 

Exceptions  and  Reservations 98-100 

Habendum  : 

Grant  in  trust 100 

Subject  to  underlying  mortgages 100-1 

Covenants  : 

Power  Company  to  maintain  corporate  authority  to  do 

business  in  Michigan 102 

Trustee  Authorized: 

To  cancel  and  surrender  securities 102 

To  enter  satisfaction  of  mortgages 103 

Attestation  Clause 103 

Signatures  103-4 

Acknowledgments  104-5 

Mortgage  Tax  Affidavit 106 

Chattel  Mortgage  Affidavit 107 


* This  table  of  contents  and  marginal  notes  are  no  part  of  the  instrument 
as  executed  and  recorded. 


AN  INDENTURE,  dated  as  of  the  third  day  of  August, 
A.  D.,  1915,  by  and  between  the  Consumers  Power  Company, 
a corporation  duly  incorporated  and  existing  under  and  by 
virtue  of  the  laws  of  Maine,  and  duly  authorized  to  do  busi- 
ness in  the  State  of  Michigan,  hereinafter  sometimes  called 
the  Power  Company,  party  of  the  first  part,  and  the  Harris 
Trust  and  Savings  Bank,  a corporation  organized  and  exist- 
ing under  and  by  virtue  of  the  laws  of  the  State  of  Illinois, 
and  having  its  principal  office  in  the  City  of  Chicago,  Trustee, 
hereinafter  sometimes  called  the  Trustee,  party  of  the  second 
part. 

Whereas,  The  Power  Company,  as  of  the  second  day  of 
January,  A.  D.  1911,  did  make,  execute,  and  deliver  to  the 
Trustee,  the  deed  of  trust  or  mortgage  which  is  hereto  pre- 
fixed and  made  a part  hereof,  designated  and  which  is  herein- 
after sometimes  referred  to  as  Trust  Indenture;  and 

Whereas,  The  Trust  Indenture  (Section  7 of  Article 
Five,  page  44)  provides  that  the  assignment  and  pledge 
thereunder  of  any  shares  of  stock  of  any  subsidiary  com- 
pany shall  not  prevent  conveyance  of  the  property  of  any 
such  company  to  the  Power  Company;  provided  that  such 
conveyance  shall  be  made  only  upon  such  terms  as  shall  not 
in  the  opinion  of  counsel  selected  or  approved  by  the  Trustee 
in  any  manner  impair  or  prejudice  the  value  of  the  security 
thereunder;  and  that  in  the  event  of  the  conveyance  of  its 
property  by  a subsidiary  company  to  the  Power  Company, 
the  Trust  Indenture  immediately  becomes  a lien  upon  the 
property  conveyed;  and 

Whereas,  The  Trust  Indenture  (Section  11  of  Article  Five, 
page  48)  provides  that  whenever  all  the  property  of  any  sub- 
sidiary company  of  the  Power  Company  shall  have  been  con- 
veyed to  the  Power  Company,  and  subjected  to  the  lien  there- 
of, the  Trustee,  in  its  discretion,  and  upon  its  receiving  the 


Date. 


Parties. 


Recital  of 
execution  of 
Trust  Inden- 
ture of  Jan. 
2,  1911. 


Recital  of 
right  to  con- 
vey mort- 
gaged prop- 
erty. 


And  obtain 
surrender 
and  cancella- 
tion of 
pledged  se- 
curities, etc. 


2 


Opinion  of 
counsel  re- 
quired. 


Satisfaction 
of  underlying 
mortgages. 


Recital  gov- 
erning au- 
thentication 
of  bonds. 


Recital  of 
authority 
of  Power 
Company  to 
do  business 
in  Michigan. 


Property  of 
subsidiary 
companies 
subject  to 
lien  of 
mortgage. 


opinion  of  counsel  selected  or  approved  by  it  to  the  effect 
that  the  rights  and  security  of  the  bondholders  and  of  the 
Trustee  thereunder  will  not  be  impaired  thereby,  may  cancel 
all  or  any  of  the  shares  of  stock,  bonds,  notes,  indebtedness, 
securities,  claims,  or  other  obligations,  and  the  certificates 
therefor  or  the  evidences  thereof,  issued  by  or  held  against 
the  subsidiary  company  whose  property  shall  have  been  so 
conveyed  or  subjected  to  the  lien  of  the  Trust  Indenture,  and 
in  such  case  the  Trustee  may  cause  to  be  entered  of  record 
a satisfaction  of  any  mortgage  or  other  agreement  under 
which  such  bonds,  notes,  or  other  securities  are  issued ; and 

Whereas,  The  Trust  Indenture  (Section  3 of  Article  Two, 
page  23)  also  provides  that  no  bonds  shall  be  authenticated 
and  no  cash  withdrawn  under  the  provisions  of  Section  3 of 
Article  Two  thereof  on  account  of  expenditures  made  for  the 
acquisition  of  any  real  estate  or  the  construction  of  any  plants, 
buildings,  or  other  improvements  thereon,  unless  said  real 
estate  shall  have  been  specifically  subjected  to  the  lien  of  the 
Trust  Indenture  or  the  lien  of  a mortgage  securing  approved 
bonds  as  in  the  Trust  Indenture  defined;  and 

Whereas,  The  Power  Company  has  been  regularly  au- 
thorized to  do  business  in  the  State  of  Michigan,  and  all  the 
property  owned  by  the  Au  Sable  Electric  Company,  Bay  City 
Power  Company,  Commonwealth  Power  Company,  Consumers 
Power  Company  (Michigan),  Central  Power  Company,  Econ- 
omy Power  Company,  Flint  Electric  Company,  Grand  Rapids- 
Muskegon  Power  Company,  Grand  Rapids  Edison  Company, 
Pontiac  Power  Company,  and  Saginaw  Power  Company,  re- 
spectively, subsidiary  companies  of  the  Power  Company,  has 
been  conveyed  to  the  Power  Company  (the  property  of  the 
Grand  Rapids  Edison  Company  having  been  first  conveyed  to 
the  Grand  Rapids-Muskegon  Power  Company),  and  said  prop- 
erties so  conveyed  are  now  subject  to  the  lien  of  the  Trust 
Indenture;  and 


Whereas,  There  has  been  delivered  to  the  Trustee  an  opin- 
ion of  counsel  selected  or  approved  by  it  to  the  effect  that  (1) 
the  conveyance  of  the  property  of  the  subsidiary  companies 
has  been  made  upon  such  terms  as  will  not  in  any  manner 
impair  or  prejudice  the  value  of  the  security  under  the  Trust 
Indenture,  and  (2)  the  rights  and  security  of  the  bondholders 
and  of  the  Trustee  under  the  Trust  Indenture  will  not  be  im- 
paired by  the  cancellation  of  all  or  any  of  the  shares  of  stock, 
bonds,  notes,  indebtedness,  securities,  claims,  or  other  obliga- 
tions, and  the  certificates  therefor,  or  the  evidences  thereof, 
issued  by  or  held  against  the  Au  Sable  Electric  Company,  Bay 
City  Power  Company,  Commonwealth  Power  Company,  Con- 
sumers Power  Company  (Michigan),  Central  Power  Com- 
pany, Economy  Power  Company,  Flint  Electric  Company, 
Grand  Rapids-Muskegon  Power  Company,  Grand  Rapids 
Edison  Company,  Pontiac  Power  Company,  and  Saginaw 
Power  Company,  the  subsidiary  companies  whose  properties 
have  been  conveyed  to  the  Power  Company  and  subjected  to 
the  lien  of  said  Trust  Indenture  pursuant  to  the  terms  thereof ; 
and 

Whereas,  The  Trust  Indenture  (Section  4 of  Article  Three, 
page  29)  provides  that  the  Power  Company  will  make,  do, 
execute,  and  acknowledge  all  such  further  acts,  deeds,  con- 
veyances, assignments,  transfers,  and  assurances  in  the  law 
as  may  be  reasonably  advised,  devised,  and  required  for 
effectuating  the  intention  thereof,  and  for  the  better  assuring 
or  confirming  unto  the  Trustee,  and  its  successor  or  successors 
in  the  trust  thereby  created  upon  the  trusts  and  for  the  pur- 
poses therein  expressed,  all  and  singular  the  property  thereby 
mortgaged  or  intended  or  agreed  so  to  be;  and 

Whereas,  The  Michigan  Railroad  Commission  has  duly 
consented  to  and  approved  the  said  Trust  Indenture  and  the 
execution  of  this  Supplemental  Indenture,  and  as  well  the 
issued  bonds  and  capital  stock  of  the  Power  Company,  and 


Opinion  of 
counsel  de- 
livered to 
Trustee. 


Rights  and 
security  of 
bondholders 
not  impaired. 


Execution  of 

additional 

instruments. 


Order  of 

Michigan 

Railroad 

Commission 

approving 

securities. 


Recital  of 
authorization 
to  do  busi- 
ness in 
Michigan. 


Stockholders’ 
and  Direc- 
tors’ reso- 
lution. 


Granting 

clause. 


Properties 

mortgaged. 


no  further  issues  of  bonds  under  said  Trust  Indenture  shall 
be  made  except  upon  and  with  the  consent  and  approval  of 
said  Commission  or  other  body  succeeding  to  its  powers  in 
that  behalf  so  long  as  such  consent  and  approval  is  required 
by  law;  and 

Whereas,  The  Power  Company  has  made  proper  applica- 
tion for  permission  and  authority  to  do  business  in  the  State 
of  Michigan  under  and  according  to  the  laws  of  said  State, 
and  has  been  granted  and  now  holds  such  authority ; and 

Whereas,  The  Power  Company  has  duly  resolved  and  de- 
termined by  proper  action  of  its  stockholders  and  directors 
to  execute,  acknowledge,  and  deliver  this  Indenture  supple- 
mental to  the  Trust  Indenture  for  the  purpose  of  perfecting 
the  same,  and  specifically  describing  certain  of  the  real  estate 
subject  thereto  and  other  purposes  therein  mentioned  and 
contemplated,  but  not  for  the  purpose  of  creating  any  addi- 
tional indebtedness ; 

Now,  Therefore,  This  Indenture  Witnesseth,  That  for  a 
valuable  consideration  to  it  in  hand  paid,  the  receipt  whereof 
is  hereby  acknowledged,  and  in  order  to  secure  the  payment 
of  the  principal  and  interest  of  all  bonds  of  the  Power  Com- 
pany at  any  time  issued  and  outstanding  under  the  Trust  In- 
denture, according  to  the  provisions  of  said  bonds  and  of  the 
Trust  Indenture,  and  to  secure  the  performance  and  obser- 
vance of  each  and  of  all  of  the  covenants  and  agreements  in 
the  Trust  Indenture  and  herein  contained,  Consumers  Power 
Company  hereby  grants,  sells,  bargains,  aliens,  releases,  con- 
veys, assigns,  transfers,  warrants,  mortgages  and  pledges 
unto  the  Harris  Trust  and  Savings  Bank,  as  Trustee,  and 
its  successors  in  the  trust  created  by  the  Trust  Indenture  and 
hereby,  and  its  and  their  assigns,  all  the  following  property, 
wherever  situate,  viz : 

First. — All  the  real  estate,  water-rights,  flowage-rights, 
sites,  dams,  reservoirs,  generating  plants,  power  houses,  trans- 


5 


mission  lines,  distribution  systems,  buildings,  machinery, 
boilers,  dynamos,  equipment,  fixtures,  appliances,  tools,  mate- 
rials and  supplies  now  owned  or  which  may  at  any  time  here- 
after be  owned  or  acquired  by  the  Power  Company,  and  any 
and  all  betterments,  improvements,  additions,  enlargements, 
and  extensions  thereto  and  thereof  in  any  manner  and  by 
whomsoever  made  or  acquired. 

Second — All  the  estate,  right,  title  and  interest,  prop- 
erty, possessions,  claims  and  demands  whatsoever,  as  well  in 
equity  as  at  law,  now  owned,  held,  possessed,  enjoyed  or 
claimed  by  the  Power  Company  or  which  it  may  hereafter 
acquire,  own,  hold,  possess,  enjoy,  or  claim,  and  each  and 
every  part  thereof.  Also  all  books,  records,  accounts,  fran- 
chises, rights,  licenses,  grants,  agreements,  contracts,  rights 
of  way,  easements,  privileges,  servitudes,  and  immunities, 
now  owned  or  which  may  at  any  time  hereafter  be  acquired, 
owned,  held  or  enjoyed  by  or  conferred  upon  the  Power 
Company.  Also  all  other  property  and  property  rights  of 
whatsoever  character  or  nature  and  wheresoever  situate, 
real,  personal  or  mixed,  which  are  now  owned  and  which  may 
at  any  time  hereafter  be  owned,  acquired,  held,  possessed  or 
enjoyed  by  or  in  any  manner  conferred  upon  the  Power  Com- 
pany; and  the  reversion  and  reversions,  remainder  and  re- 
mainders, revenues,  rents,  income,  tolls,  issues  and  profits  of 
each  and  every  part  of  the  property  hereby  mortgaged  and 
pledged. 

Third — All  the  property,  real,  personal,  and  mixed,  of 
every  name  and  nature,  situate  in  the  State  of  Michigan,  con- 
veyed to  the  Power  Company  by  the  Au  Sable  Electric  Com-  subsidiary 
pany,  Bay  City  Power  Company,  Central  Power  Company, 
Commonwealth  Power  Company,  Consumers  Power  Com- 
pany, Economy  Power  Company,  Flint  Electric  Company, 

Grand  Rapids-Muskegon  Power  Company,  Pontiac  Power 
Company,  and  Saginaw  Power  Company,  by  their  respective 
deeds  duly  executed,  acknowledged,  and  delivered  November 


6 


25th,  1914,  to  which  deeds  and  the  record  thereof  reference 
is  hereby  made,  portions  of  said  property  being  particularly 
described  as  follows: 


Description 
of  property : 


Au  Sable 

Electric 

Company. 


1.  All  the  following  described  pieces  and  parcels  of  land, 
and  all  the  land  acquired  by  and  granted  to  the  Au  Sable  Elec- 
tric Company  by  deeds,  grants  or  other  conveyances  made, 
dated  and  recorded  as  follows,  viz: 


Complete  Electric  Transmission  lines  extending  as  fol- 
lows : From  the  generating  stations  on  the  Au  Sable  River 
in  Iosco  County  located  at  Loud  Dam,  Five  Channels 
Dam  and  Cooke  Dam,  so-called  to  the  substation  at  Mil- 
waukee in  Saginaw  County  and  from  said  substation  at 
Zilwaukee  to  the  generating  station  at  Flint  in  Genesee 
County,  and  from  the  generating  station  at  Flint  to  the 
substation  at  Owosso,  Shiawasse  County,  and  from  the 
substation  at  Owosso  to  the  substation  at  Charlotte  in 
Eaton  County,  and  from  the  substation  at  Charlotte  to  the 
steam  plant  at  Battle  Creek  in  Calhoun  County,  and  from 
a point  north  of  Battle  Creek  around  the  north  and  east 
and  north  and  west  sides  of  said  city  of  Battle  Creek  to 
connect  with  the  transmission  line  of  the  Commonwealth 
Power  Company  extending  from  Jackson  to  Kalamazoo; 
from  the  city  of  Saginaw  in  Saginaw  County  to  Bay  City 
in  Bay  County;  from  the  city  of  Saginaw  in  Saginaw 
County  to  Bay  City  in  Bay  County  along  the  right  of 
way  of  the  Michigan  Railway  Company;  from  the  city 
of  Battle  Creek  in  Calhoun  County  to  the  city  of  Allegan 
in  Allegan  County;  from  the  city  of  Kalamazoo  in  Kala- 
mazoo County  to  the  city  of  Grand  Rapids  in  Kent 
County,  with  a branch  extending  to  Plainwell  Dam,  so- 
called,  in  Allegan  County  from  a point  on  the  transmis- 
sion line  extending  from  Kalamazoo  to  Grand  Rapids  a 
short  distance  north  of  the  village  of  Plainwell  in  Alle- 
gan County ; from  the  substation  in  the  village  of  Croton 
in  Newaygo  County  to  the  substation  at  Muskegon 
Heights  in  Muskegon  County ; from  the  generating  station 
at  Cooke  Dam,  so-called,  to  the  village  of  Oscoda  in  Iosco 
County,  including  masts,  towers,  poles,  cross-arms,  in- 
sulators, cables,  wires,  and  other  apparatus  and  appli- 


7 


ances;  also  lands,  premises,  easements,  rights  of  way, 
franchises,  grants,  leases,  permits,  licenses,  privileges  and 
other  rights  used  and  useful  or  convenient  in  connection 
with  said  electric  transmission  lines,  however  and  when- 
soever acquired,  obtained  or  secured,  including  such  of 
them  as  are  described  in  the  following  instruments,  to 
wit : 

Conveyance  made  by  Eastern  Michigan  Power  Com- 
pany, a corporation,  dated  June  17,  1913,  and  recorded  in 
Iosco  County  Register’s  Office  July  14,  1913,  in  Liber  50 
of  Deeds  at  Pages  609  and  610. 

Conveyance  made  by  Eastern  Michigan  Power  Com- 
pany, a corporation,  dated  December  7,  1912,  and  re- 
corded in  Iosco  County  Register’s  Office  February  5, 

1913,  in  Liber  50  of  Deeds  at  Pages  565  and  566. 

Conveyance  made  by  Eastern  Michigan  Power  Com- 
pany, a corporation,  dated  December  14,  1911,  and  re- 
corded in  Iosco  County  Register’s  Office  November  23, 
1912,  in  Liber  50  of  Deeds  at  Pages  534  to  548,  inclusive, 
in  Arenac  County  Register’s  Office  December  31,  1912, 
in  Liber  48  of  Deeds  at  Pages  41  to  56,  in  Bay  County 
Register’s  Office  November  2,  1912,  in  Liber  145  of  Deeds 
at  Pages  458  to  474,  in  Saginaw  County  Register’s  Office 
December  14,  1912,  in  Liber  293  of  Deeds  at  Pages  187 
to  226,  inclusive,  in  Genesee  County  Register’s  Office  De- 
cember 22,  1911,  in  Liber  218  of  Deeds  at  Pages  13  to  24, 
inclusive. 

Conveyance  made  by  Eastern  Michigan  Power  Com- 
pany, a corporation,  dated  July  16,  1912,  and  recorded  in 
Iosco  County  Register’s  Office  August  23,  1912,  in  Liber 
50  of  Deeds  at  Page  514. 

Conveyance  made  by  Eastern  Michigan  Power  Com- 
pany, a corporation,  dated  February  5,  1914,  and  re- 
corded in  Iosco  County  Register’s  Office  February  18, 

1914,  in  Liber  57  of  Deeds  at  Page  4. 

Conveyance  made  by  Eastern  Michigan  Power  Com- 
pany, a corporation,  dated  August  7,  1912,  and  recorded 
in  Iosco  County  Register’s  Office  October  16,  1912,  in 
Liber  50  of  Deeds  at  Pages  529  to  530. 


8 


Conveyance  made  by  Eastern  Michigan  Power  Com- 
pany, a corporation,  dated  July  16,  1912,  and  recorded 
in  Arenac  County  Register's  Office  July  30,  1912,  in  Liber 
45  of  Deeds  at  Pages  580  to  581. 

Conveyance  made  by  Eastern  Michigan  Power  Com- 
pany, a corporation,  dated  June  13,  1914,  and  recorded 
in  Arenac  County  Register's  Office  June  29,  1914,  in 
Liber  153  of  Deeds  at  Pages  173  and  174. 

Conveyance  made  by  Eastern  Michigan  Power  Com- 
pany, a corporation,  dated  July  16,  1912,  and  recorded  in 
Bay  County  Register's  Office  July  30,  1912,  in  Liber  145 
of  Deeds  at  Pages  384  and  385. 

Conveyance  made  by  Eastern  Michigan  Power  Com- 
pany, a corporation,  dated  January  25, 1912,  and  recorded 
in  Saginaw  County  Register's  Office  January  27,  1912, 
in  Liber  286  of  Deeds  at  Page  342. 

Conveyance  made  by  Eastern  Michigan  Power  Com- 
pany, a corporation,  dated  Jan.  25,  1912,  and  recorded  in 
Saginaw  County  Register's  Office  Jan.  27,  1912,  in  Liber 
286  of  Deeds  at  Page  343. 

Conveyance  made  by  Eastern  Michigan  Power  Com- 
pany, a corporation,  dated  July  16,  1912,  and  recorded 
in  Saginaw  County  Register's  Office  July  29,  1912,  in 
Liber  291  of  Deeds  at  Pages  253,  254,  255  and  256. 

Conveyance  made  by  Eastern  Michigan  Power  Com- 
pany, a corporation,  dated  July  16,  1912,  and  recorded 
in  Genesee  County  Register's  Office  May  29,  1914,  in 
Liber  218  of  Deeds  at  Pages  176-177. 

Conveyance  made  by  Eastern  Michigan  Power  Com- 
pany, a corporation,  dated  Dec.  7,  1912,  and  recorded  in 
Genesee  County  Register's  Office  Feb.  4,  1913,  in  Liber 
218  of  Deeds  at  Pages  76-77-78. 

Conveyance  made  by  Eastern  Michigan  Power  Com- 
pany, a corporation,  dated  Dec.  7,  1912,  and  recorded 
in  Genesee  County  Register's  Office  Jan.  23,  1913,  in 
Liber  198  of  Deeds  at  Page  365. 


9 


Conveyance  made  by  Eastern  Michigan  Power  Com- 
pany, a corporation,  dated  Dec.  7,  1912,  and  recorded  in 
Shiawassee  County  Register’s  Office  April  2,  1913,  in 
Liber  140  of  Deeds  at  Page  62. 

Conveyance  made  by  Eastern  Michigan  Power  Com- 
pany, a corporation,  dated  Dec.  7,  1912,  and  recorded  in 
Shiawassee  County  Register’s  Office  Apr.  19,  1913,  in 
Liber  140  of  Deeds  at  Page  72. 

Conveyance  made  by  Eastern  Michigan  Power  Com- 
pany, a corporation,  dated  Dec.  13,  1911,  and  recorded 
as  follows:  in  Shiawassee  County  Register’s  Office  Feb. 
23,  1912,  in  Liber  127  of  Deeds  at  Pages  563-564,  in 
Ingham  County  Register’s  Office  Dec.  23,  1911,  in  Liber 
166  of  Deeds  at  Page  508,  in  Eaton  County  Register’s 
Office  Jan.  10, 1912,  in  Liber  169  of  Deeds  at  Page  345. 

Conveyance  made  by  Commonwealth  Power  Company, 
a corporation,  dated  Dec.  7,  1912,  and  recorded  in  Ingham 
County  Register’s  Office  Jan.  29,  1913,  in  Liber  5 of 
Miscellaneous  Records,  Page  594,  and  in  Eaton  County 
Register’s  Office  Jan.  20,  1913,  in  Liber  169  of  Deeds  at 
Page  558. 

Conveyance  made  by  Eastern  Michigan  Power  Com- 
pany, a corporation  dated  Dec.  2,  1912,  and  recorded  in 
Eaton  County  Register’s  Office  Jan.  21,  1913,  in  Liber 
169  of  Deeds  at  Page  559. 

Conveyance  made  by  Eastern  Michigan  Power  Com- 
pany, a corporation  dated  Dec.  2,  1912,  and  recorded  in 
Calhoun  County  Register’s  Office  Feb.  4,  1913,  in  Liber 
232  of  Deeds  at  Page  490. 

Conveyance  made  by  Charles  H.  May,  single,  dated 
Dec.  7,  1912,  and  recorded  in  Calhoun  County  Register’s 
Office  Jan.  20,  1913,  in  Liber  229  of  Deeds  at  Page  559. 

Conveyance  made  by  Eastern  Michigan  Power  Com- 
pany, a corporation,  dated  Dec.  2,  1912,  and  recorded  in 
Calhoun  County  Register’s  Office  Jan.  20,  1913,  in  Liber 
232  of  Deeds  at  Page  481. 


10 


Conveyance  made  by  Eastern  Michigan  Power  Com- 
pany, a corporation,  dated  Dec,  2,  1912,  and  recorded  in 
Calhoun  County  Register’s  Office  Jan.  20,  1913,  in  Liber 
232  of  Deeds  at  Page  482. 

Conveyance  made  by  Eastern  Michigan  Power  Com- 
pany, a corporation,  dated  Dec.  7,  1912,  and  recorded  in 
Calhoun  County  Register’s  Office  Jan.  20,  1913,  in  Liber 
229  of  Deeds  at  Page  557. 

Conveyance  made  by  Eastern  Michigan  Power  Com- 
pany, a corporation  dated  June  24,  1914,  and  recorded  in 
Calhoun  County  Register’s  Office  Aug.  11,  1914,  in  Liber 
245  of  Deeds  at  Page  350. 

Conveyance  made  by  Eastern  Michigan  Power  Com- 
pany, a corporation,  dated  Dec.  7,  1912,  and  recorded  in 
Saginaw  County  Register’s  Office  Feb.  8,  1913,  in  Liber 
291  of  Deeds  at  Pages  435-436-437. 

Conveyance  made  by  Eastern  Michigan  Power  Com- 
pany, a corporation,  dated  Dec.  7,  1912,  and  recorded  in 
Saginaw  County  Register’s  Office  Jan.  23,  1913,  in  Liber 
291  of  Deeds  at  Pages  425-426-427. 

Conveyance  made  by  Saginaw-Bay  City  Railway  Com- 
pany, corporation,  dated  Dec,  7,  1912,  and  recorded  in 
Saginaw  County  Register’s  Office  Jan.  23,  1913,  in  Liber 
291  of  Deeds  at  Pages  424-425. 

Conveyance  made  by  Eastern  Michigan  Power  Com- 
pany, a corporation,  dated  Dec.  7,  1912,  and  recorded  in 
Bay  County  Register’s  Office  Feb.  12,  1913,  in  Liber  145 
of  Deeds  at  Pages  519-522. 

Conveyance  made  by  Eastern  Michigan  Power  Com- 
pany, a corporation,  dated  Dec.  7,  1912,  and  recorded  in 
Bay  County  Register’s  Office  Jan.  28,  1913,  in  Liber  145 
of  Deeds  at  Page  504. 

Conveyance  made  by  Michigan  Railway  Engineering 
Company,  a corporation,  dated  Mar.  13,  1914,  and  re- 
corded in  Saginaw  County  Register  ’s  Office  Mar.  25,  1914, 
in  Liber  325  of  Deeds  at  Pages  466-467-468,  and  in  Bay 


11 


Comity  Register’s  Office  Mar.  31,  1914,  in  Liber  153  of 
Deeds  at  Page  137. 

Conveyance  made  by  Michigan  Railway  Engineering 
Company,  a corporation,  dated  Feb.  5,  1914,  and  recorded 
in  Calhoun  County  Register’s  Office  Mar.  7,  1914,  in  Liber 
245  of  Deeds  at  Page  203,  in  Kalamazoo  County  Regis- 
ter’s Office  Feb.  17,  1914,  in  Liber  162  of  Deeds  at  Page 
525,  in  Barry  County  Register  ’s  Office  Mar.  12,  1914,  in 
Liber  106  of  Deeds  at  Pages  206-207,  in  Allegan  County 
Register’s  Office  Feb.  21,  1914,  in  Liber  193  of  Deeds 
at  Page  240,  and  in  Kent  County  Register’s  Office  Mar. 
24,  1914,  in  Liber  420  of  Deeds  at  Pages  361-362-363. 

Conveyance  made  by  Michigan  & Chicago  Railway 
Company,  a corporation,  dated  March  13,  1914,  and  re- 
corded in  Kalamazoo  County  Register’s  Office  April  3, 
1914,  in  Liber  162  of  Deeds  at  Page  579,  in  Allegan 
County  Register’s  Office  March  25,  1914,  in  Liber  193  of 
Deeds  at  Page  251,  in  Kent  County  Register’s  Office  April 
15,  1914,  in  Liber  420  of  Deeds  at  Pages  437-438. 

Conveyance  made  by  Michigan  Railway  Engineering 
Company,  a corporation,  dated  February  5,  1914,  and 
recorded  in  Allegan  County  Register’s  Office  February 
17,  1914,  in  Liber  193  of  Deeds  at  Page  237,  and  in  Kent 
County  Register’s  Office  March  7,  1914,  in  Liber  420  of 
Deeds  at  Pages  327-328-329. 

Conveyance  made  by  Grand  Rapids,  Holland  & Chi- 
cago Railway,  a corporation,  dated  October  31,  1914,  and 
recorded  in  Kent  County  Register’s  Office  November  10, 
1914,  in  Liber  431  of  Deeds  at  Pages  105-106. 

Conveyance  made  by  Michigan  Railway  Engineering 
Company,  a corporation,  dated  February  4,  1914,  and 
recorded  in  Kent  County  Register  ’s  Office  February  17, 
1914,  in  Liber  18  of  Miscellaneous  Records  at  Pages  16- 
17-18. 

Conveyance  made  by  Michigan  Railway  Engineering 
Company,  a corporation,  dated  March  13,  1914,  and  re- 
corded in  Kent  County  Register’s  Office  March  24,  1914, 
in  Liber  420  of  Deeds  at  Pages  358-359. 


12 


Conveyance  made  by  Eastern  Michigan  Power  Com- 
pany, a corporation,  dated  May  14,  1914,  and  recorded  in 
Allegan  County  Register’s  Office  July  28,  1914,  in  Liber 
193  of  Deeds  at  Page  360. 

Conveyance  made  by  Eastern  Michigan  Power  Com- 
pany, a corporation,  dated  March  24,  1913,  and  recorded 
in  Newaygo  County  Register’s  Office  April  3,  1913,  in 
Liber  107  of  Deeds  at  Page  1. 

Conveyance  made  by  Eastern  Michigan  Power  Com- 
pany, a corporation,  dated  March  24,  1913,  and  recorded 
in  Muskegon  County  Register’s  Office  March  31,  1913,  in 
Liber  153  of  Deeds  at  Page  550. 

Conveyance  made  by  Eastern  Michigan  Power  Com- 
pany, a corporation,  dated  April  9,  1913,  and  recorded  in 
Muskegon  County  Register’s  Office  April  19,  1913,  in 
Liber  12  of  Miscellaneous  Records  at  Page  608. 

Conveyance  made  by  Eastern  Michigan  Power  Com- 
pany, a corporation,  dated  March  24,  1913,  and  recorded 
in  Muskegon' County  Register’s  Office  March  29,  1913,  in 
Liber  153  of  Deeds  at  Page  548. 

Conveyance  made  by  the  Au  Sable  & Northwestern 
Railway  Company,  a corporation,  dated  October  8,  1912, 
and  recorded  in  Iosco  County  Register  ’s  Office  October 
21,  1912,  in  Liber  50  of  Deeds  at  Page  531. 

Conveyance  made  by  Eastern  Michigan  Power  Com- 
pany, a corporation,  covering  the  Merle  Beach  substa- 
tion property  in  the  Township  of  Olive,  Clinton  County, 
Michigan,  dated  January  10,  1914,  and  recorded  in  the 
Clinton  County  Register’s  Office  January  23,  1914,  in 
Liber  129  of  Deeds  at  Page  564. 

By  the  descriptions  of  property  in  this  paragraph  1 
contained  whether  according  to  government  survey,  by  metes 
and  bounds,  specific  reference  to  lots  and  blocks,  or  by  refer- 
ence to  deeds  or  other  conveyances  to  the  Au  Sable  Electric 
Company  and  to  the  records  thereof,  or  otherwise,  the 
Power  Company  includes,  intends  to  include  and  does 


13 


hereby  specifically  include  all  the  property  of  every  name 
and  nature  described  in  or  covered  by  the  First  Mortgage 
of  the  Au  Sable  Electric  Company  to  the  Harris  Trust 
and  Savings  Bank,  Trustee,  dated  as  of  June  1,  1910,  and 
recorded  in  the  office  of  the  Register  of  Deeds  of  the  follow- 
ing counties  in  Michigan,  viz:  Allegan  County,  February  20, 
1914,  in  Liber  125  of  Mortgages  beginning  on  page  244 ; Arenac 
County,  May  23,  1913,  in  Liber  24  of  Mortgages  beginning  on 
page  356;  Barry  County,  February  28,  1914,  in  Liber  75  of 
Mortgages  beginning  on  page  84;  Bay  County,  May  22,  1913, 
in  Liber  101  of  Mortgages  beginning  on  page  283;  Calhoun 
County,  May  20,  1913,  in  Liber  161  of  Mortgages  beginning 
on  page  27;  Clinton  County,  January  29,  1914,  in  Liber  116 
of  Mortgages  beginning  on  page  386;  Eaton  County,  May 
19,  1913,  in  Liber  119  of  Mortgages  beginning  on  page  1 ; 
Genesee  County,  May  22,  1913,  in  Liber  166  of  Mortgages 
beginning  on  page  210;  Ingham  County,  May  21,  1913,  in 
Liber  153  of  Mortgages  beginning  on  page  225 ; Iosco  County, 
February  10,  1911,  in  Liber  17  of  Mortgages  beginning  on 
page  395;  Kalamazoo  County,  February  17,  1914,  in  Liber 
130  of  Mortgages  beginning  on  page  229 ; Kent  County,  Feb- 
ruary 25,  1914,  in  Liber  381  of  Mortgages  beginning  on  page 
335;  Muskegon  County,  May  26,  1913,  in  Liber  120  of  Mort- 
gages beginning  on  page  548;  Newaygo  County,  May  27, 
1913,  in  Liber  80  of  Mortgages  beginning  on  page  403 ; Sagi- 
naw County,  May  22,  1913,  in  Liber  185  of  Mortgages  begin- 
ning on  page  205 ; Shiawassee  County,  May  21,  1913,  in  Liber 
122  of  Mortgages  beginning  on  page  468;  and  all  property 
of  every  name  and  nature  described  in  or  covered  by  all  the 
several  mortgages  given  by  the  Au  Sable  Electric  Company 
to  the  Harris  Trust  and  Savings  Bank,  Trustee,  supplemental 
to  the  First  Mortgage  above  described,  including  such  sup- 
plemental mortgages  dated  and  recorded  as  follows,  viz: 
Dated  June  7,  1912,  covering  transmission  line  in  Iosco 
County;  dated  June  7,  1912,  covering  transmission  line  in 


14 


Arenac  County;  dated  June  7,  1912,  covering  transmission 
line  in  Bay  County;  dated  June  7,  1912,  covering  property 
in  Saginaw  County;  dated  June  7,  1912,  covering  transmis- 
sion line  in  Genesee  County;  dated  June  7,  1912,  covering 
transmission  line  in  Eaton  County;  dated  June  7,  1912,  cov- 
ering transmission  line  in  Ingham  County;  dated  June  7, 
1912,  covering  transmission  line  in  Shiawassee  County ; dated 
December  17,  1912,  covering  transmission  line  in  Iosco 
County;  dated  December  17,  1912,  covering  transmission  line 
in  Bay  County;  dated  December  17,  1912,  covering  transmis- 
sion line  in  Bay  County;  dated  December  17,  1912,  covering 
transmission  line  in  Saginaw  County;  dated  December  17, 

1912,  covering  transmission  line  in  Eaton  County;  dated  De- 
cember 17,  1912,  recorded  in  Calhoun  County  Register’s 
Office,  May  20,  1914,  in  Liber  159  of  Mortgages  beginning  on 
page  204;  dated  December  17,  1912,  covering  transmission 
line  in  Genesee  County;  dated  December  17,  1912,  covering 
transmission  line  in  Shiawassee  County;  dated  March  24, 

1913,  covering  transmission  line  in  Muskegon  County;  dated 
March  24,  1913,  covering  transmission  line  in  Newaygo 
County;  dated  April  9,  1913,  recorded  in  Muskegon  County, 
Register’s  Office  March  7,  1914,  in  Liber  130  of  Mortgages  be- 
ginning on  page  70;  dated  June  18,  1913,  recorded  in  Iosco 
County,  Register’s  Office,  August  22,  1913,  in  Liber  17  of 
Mortgages  beginning  on  page  625;  dated  January  15,  1914, 
recorded  in  Clinton  County,  Register’s  Office,  February  4, 

1914,  in  Liber  116  of  Mortgages  beginning  on  page  412 ; dated 
February  13,  1914,  and  recorded  in  the  office  of  the  Register 
of  Deeds  of  the  following  counties : Kalamazoo  County,  March 
2,  1914,  in  Liber  130  of  Mortgages  beginning  on  page  250, 
Allegan  County,  March  7,  1914,  in  Liber  125  of  Mortgages  be- 
ginning on  page  268,  and  Kent  County,  March  13,  1914,  in 
Liber  381  of  Mortgages  beginning  on  page  421 ; dated  March 
13,  1914,  recorded  in  Kent  County  Register’s  Office,  June 
6,  1914,  in  Liber  381  of  Mortgages  beginning  on  page  606; 


15 


dated  February  13,  1914,  covering  transmission  line  in  Cal- 
houn, Kalamazoo,  Barry  and  Allegan  Counties ; dated  March 
13,  1914,  and  recorded  in  the  office  of  the  Register  of  Deeds 
of  the  following  counties:  Saginaw  County,  June  6,  1914,  in 
Liber  185  of  Mortgages  beginning  on  page  304,  and  Bay 
County,  June  16,  1914,  in  Liber  101  of  Mortgages  beginning 
on  page  371 ; dated  February  13,  1914,  covering  transmission 
line  from  Kalamazoo  River  to  Grand  Rapids,  Holland  & Chi- 
cago Railway  and  from  the  Grand  Rapids,  Holland  & Chicago 
Railway  to  Wealthy  Street  in  Grand  Rapids ; dated  June  25, 
1914,  recorded  in  Calhoun  County  Register’s  Office  August  24, 
1914,  in  Liber  161  of  Mortgages  at  page  188,  and  dated  No- 
vember 11,  1914,  covering  crossing  over  Grand  Rapids,  Hol- 
land & Chicago  Railway  right  of  way. 

All  and  singular  the  buildings  and  structures,  dams,  re- 
servoirs, bridges,  viaducts,  water  wheels,  breakwaters,  flumes, 
pipe  lines,  sluices,  canals  and  basins,  cribs  and  bulkheads, 
power  plants,  substations,  power  plant  and  sub-station  ma- 
chinery, apparatus  and  equipment,  boilers,  engines,  genera- 
tors, machinery  and  equipment,  motors,  electrical  transmis- 
sion and  distribution  systems  and  lines,  telephone  systems  and 
lines,  towers,  masts,  poles,  wires,  lamps,  electrical  apparatus 
and  equipment,  overhead  and  underground  construction,  con- 
duits, meters,  services,  materials  and  supplies,  tools,  and 
appliances,  furniture  and  fixtures,  and  other  property  used  or 
useful  in  connection  with  the  business  of  the  Au  Sable  Elec- 
tric Company,  whether  now  owned  or  hereafter  acquired. 

2.  Lots  one  (1)  and  “A”  Block  one  hundred  and  thirty 
(130)  Addition  to  Lower  Saginaw  and  lots  five  (5),  six  (6), 
seven  (7),  and  eight  (8),  Block  one  hundred  and  eleven  (111), 
Lower  Saginaw  (now  part  of  Bay  City),  according  to  the 
plat  thereof  of  record  and  in  common  use. 

By  the  descriptions  of  property  in  this  paragraph  2 
contained  the  Power  Company  includes,  intends  to  include 
and  does  hereby  specifically  include  all  the  property  of  every 


Bay  City 

Power 

Company. 


Central 

Power 

Company. 


16 

name  and  nature  described  in  or  covered  by  the  First  Mort- 
gage of  the  Bay  City  Power  Company  to  the  Harris  Trust  and 
Savings  Bank,  Trustee,  dated  as  of  June  1,  1910,  and  recorded 
in  the  office  of  the  Register  of  Deeds  of  Bay  County  on  the 
10th  day  of  February,  1911,  in  Liber  99  of  Mortgages  begin- 
ning at  page  148 ; and  all  property  of  every  name  and  nature 
described  in  or  covered  by  a certain  supplemental  mortgage 
given  by  the  Bay  City  Power  Company  to  the  Harris  Trust 
and  Savings  Bank,  Trustee,  supplemental  to  the  First  Mort- 
gage above  described  which  supplemental  mortgage  is  dated 
September  21,  1912,  and  covers  property  in  Bay  County. 

All  and  singular  the  buildings  and  structures,  dams,  reser- 
voirs, bridges,  viaducts,  water  wheels,  breakwaters,  flumes, 
pipe  lines,  sluices,  canals  and  basins,  cribs  and  bulkheads, 
power  plants,  substations,  power  plant  and  substation  ma- 
chinery, apparatus  and  equipment,  boilers,  engines,  genera- 
tors, machinery  and  equipment,  motors,  electrical  transmis- 
sion and  distribution  systems  and  lines,  telephone  systems 
and  lines,  towers,  masts,  poles,  wires,  lamps,  electrical  appa- 
ratus and  equipment,  overhead  and  underground  construc- 
tion, conduits,  meters,  services,  materials  and  supplies,  tools 
and  appliances,  furniture  and  fixtures,  and  other  property 
used  or  useful  in  connection  with  the  business  of  the  Bay  City 
Power  Company,  whether  now  owned  or  hereafter  acquired. 

3.  All  and  singular  the  buildings  and  structures,  dams, 
reservoirs,  bridges,  viaducts,  water  wheels,  breakwaters, 
flumes,  pipe  lines,  sluices,  canals  and  basins,  cribs  and  bulk- 
heads, power  plants,  substations,  power  plant  and  substation 
machinery,  apparatus  and  equipment,  boilers,  engines,  gen- 
erators, machinery  and  equipment,  motors,  electrical  trans- 
mission and  distribution  systems  and  lines,  telephone  systems 
and  lines,  towers,  masts,  poles,  wires,  lamps,  electrical  appa- 
ratus and  equipment,  overhead  and  underground  construction, 
conduits,  meters,  services,  materials  and  supplies,  tools  and 
appliances,  furniture  and  fixtures,  and  other  property  used  or 


17 


useful  in  connection  with  the  business  of  the  Central  Power 
Company,  whether  now  owned  or  hereafter  acquired. 

4.  All  the  following  described  pieces  and  parcels  of  land, 
and  all  the  land  acquired  by  and  granted  to  the  Commonwealth 
Power  Company  by  deeds,  grants,  or  other  conveyances  made, 
dated,  and  recorded  as  follows,  viz : 

Conveyance  made  by  W.  A.  Foote  and  Ida  W.  Foote, 
his  wife,  dated  March  3,  1911,  and  recorded  in  Allegan 
County  Register’s  office  March  8,  1911,  in  Liber  171  of 
Deeds  at  Page  300. 

Conveyance  made  by  Chas.  R.  Wilkes  and  Bertha  P. 
Wilkes,  his  wife,  dated  January  28,  1911,  and  recorded 
in  Allegan  County  Register’s  office  January  30,  1911,  in 
Liber  186  of  Deeds  at  Page  432. 

Conveyance  made  by  Allegan  Hydraulic  Company, 
Limited,  a partnership  association,  dated  May  15,  1913, 
and  recorded  in  Allegan  County  Register’s  office  August 
29,  1913,  in  Liber  193  of  Deeds  at  Page  148. 

Conveyance  made  by  Chas.  R.  Wilkes  and  Bertha  P. 
Wilkes,  his  wife,  dated  November  17,  1908,  and  recorded 
in  Allegan  County  Register’s  office  December  5,  1908, 
in  Liber  176  at  Page  201. 

Conveyance  made  by  W.  A.  Foote  and  Ida  W.  Foote, 
his  wife,  dated  June  18,  1906,  and  recorded  in  Allegan 
County  Register’s  office  June  20,  1906,  in  Liber  158  of 
Deeds  at  Page  314. 

Conveyance  made  by  Wm.  Wedge  and  Mary  A. 
Wedge,  his  wife,  dated  March  9,  1911,  and  recorded  in 
Allegan  County  Register  ’s  office  March  10,  1911,  in  Liber 
186  of  Deeds  at  Page  584. 

Conveyance  made  by  the  Jackson  Light  & Power 
Company,  a Michigan  corporation,  dated  January  13, 
1905,  and  recorded  in  Allegan  County  Register’s  office, 
January  14,  1905,  in  Liber  158  of  Deeds  at  Page  1. 

Conveyance  made  by  the  Jackson  Light  & Power 
Company,  a Michigan  corporation,  dated  January  13, 


Common- 
wealth Power 
Company. 


18 


1905,  and  recorded  in  Allegan  County  Register’s  office 
May  10,  1905,  in  Liber  158  of  Deeds  at  Page  66,  and 
Jackson  County  Register  ’s  office  May  3,  1905,  in  Liber 
176  at  Page  539. 

Conveyance  made  by  Kalamazoo  Valley  Electric 
Company,  a Michigan  corporation,  dated  January  14, 

1905,  and  recorded  in  Allegan  County  Register’s  office 
J anuary  17,  1905,  in  Liber  159  of  Deeds  at  Page  547. 

Conveyance  made  by  Otsego  Power  Company,  Limi- 
ted, a partnership  association,  dated  January  13,  1905, 
and  recorded  in  Allegan  County  Register  ’s  office  January 
14,  1905,  in  Liber  158  of  Deeds  at  Page  12. 

Conveyance  made  by  C.  A.  Briggs  and  Amelia  Briggs, 
his  wife,  jointly,  dated  March  21,  1905,  and  recorded  in 
Allegan  County  Register’s  office  March  29,  1905,  in  Liber 
162  at  Page  142. 

Conveyance  made  by  Gorham  A.  Sherwood  and  Lida 
Sherwood,  his  wife,  and  Eber  W.  Sherwood  and  Cynthia 
Sherwood,  his  wife,  dated  December  12,  1906,  and  re- 
corded in  Allegan  County  Register’s  office  December  20, 

1906,  in  Liber  167  of  Deeds  at  Page  181. 

Conveyance  made  by  W.  A.  Foote  and  Ida  W.  Foote, 
his  wife,  dated  February  1,  1910,  and  recorded  in  Alle- 
gan County  Register’s  office  March  4,  1910,  in  Liber  171 
of  Deeds  at  Page  175. 

Conveyance  made  by  the  Plainwell  Power  Company, 
Limited,  a partnership  association,  dated  January  13, 
1905,  and  recorded  in  Allegan  County  Register’s  office 
January  14,  1905,  in  Liber  158  of  Deeds  at  Page  6. 

Conveyance  made  by  W.  A.  Foote  and  Ida  W.  Foote, 
his  wife,  dated  November  18,  1912,  and  recorded  in  Alle- 
gan County  Register’s  office  October  22,  1913,  in  Liber 
193  at  Page  172. 

Conveyance  made  by  Eugene  J.  Dibble,  widower,  da- 
ted March  25,  1913,  and  recorded  in  Allegan  County  Reg- 
ister’s office,  April  1,  1913,  in  Liber  194  at  Page  68. 

Conveyance  made  by  William  M.  Eaton  and  Una  C. 


19 


Eaton,  his  wife,  dated  November  29,  1911,  and  recorded 
in  Allegan  County  Register’s  office  December  19,  1911, 
in  Liber  171  of  Deeds  at  Page  431. 

Conveyance  made  by  Walter  W.  Gibb  and  Franc  M. 
Gibb,  his  wife,  dated  June  12,  1913,  and  recorded  in  Alle- 
gan County  Register’s  office  January  29,  1914,  in  Liber 
196  of  Deeds  at  Page  343. 

Conveyance  made  by  Walter  W.  Gibb  and  Franc  M. 
Gibb,  his  wife,  dated  November  24,  1913,  and  recorded  in 
Allegan  County  Register’s  office  January  29,  1914,  in 
Liber  193  of  Deeds  at  Page  232. 

Conveyance  made  by  Walter  W.  Gibb  and  Franc  M. 
Gibb,  his  wife,  dated  September  5,  1913,  and  recorded  in 
Allegan  County  Register’s  office  January  29,  1914,  in 
Liber  196  of  Deeds  at  Page  344. 

Conveyance  made  by  Elizabeth  Schumann,  widow, 
Minnie  Edelmann,  and  George  Schumann,  sole  and  only 
heirs  at  law  of  August  Schumann,  deceased,  and  Jessie 
Schumann,  wife  of  said  George  Schumann,  dated  March 
11,  1914,  and  recorded  in  Allegan  County  Register’s  of- 
fice March  20,  1914,  in  Liber  195  of  Deeds  at  Page  150. 

Conveyance  made  by  Walter  W.  Gibb  and  Franc  M. 
Gibb,  his  wife,  dated  June  12,  1913,  and  recorded  in  Al- 
legan County  Register’s  office  January  29,  1914,  in  Liber 
196  of  Deeds  at  Page  345. 

Conveyance  made  by  Walter  W.  Gibb  and  Franc  M. 
Gibb,  his  wife,  dated  April  14,  1913,  and  recorded  in  Al- 
legan County  Register’s  office  January  29,  1914,  in  Liber 
196  of  Deeds  at  Page  346. 

Conveyance  made  by  Walter  W.  Gibb  and  Franc  M. 
Gibb,  his  wife,  dated  October  3,  1913,  and  recorded  in 
Allegan  County  Register’s  office  January  29,  1914,  in 
Liber  196  of  Deeds  at  Page  347. 

Conveyance  made  by  Walter  W.  Gibb  and  Franc  M. 
Gibb,  his  wife,  dated  October  3,  1913,  and  recorded  in 
Allegan  County  Register’s  office  January  29,  1914,  in 
Liber  195  of  Deeds  at  Page  106. 


20 


Conveyance  made  by  Walter  W.  Gibb  and  Franc  M. 
Gibb,  his  wife,  dated  October  3,  1913,  and  recorded  in 
Allegan  Connty  Register’s  office  January  29,  1914,  in  Li- 
ber 196  of  Deeds  at  Page  348. 

Conveyance  made  by  Walter  W.  Gibb  and  Franc  M. 
Gibb,  his  wife,  dated  October  3,  1913,  and  recorded  in 
Allegan  County  Register’s  office  January  29,  1914,  in 
Liber  196  of  Deeds  at  Page  349. 

Conveyance  made  by  Walter  W.  Gibb  and  Franc  M. 
Gibb,  his  wife,  dated  April  14,  1913,  and  recorded  in  Al- 
legan County  Register  ’s  office,  January  29,  1914,  in  Liber 
196  of  Deeds  at  Page  350. 

Conveyance  made  by  Walter  W.  Gibb  and  Franc  M. 
Gibb,  his  wife,  dated  April  14,  1913,  and  recorded  in  Al- 
legan County  Register’s  office  January  29,  1914,  in  Liber 
196  of  Deeds  at  Page  351. 

Conveyance  made  by  Walter  W.  Gibb  and  Franc  M. 
Gibb,  his  wife,  dated  November  24,  1913,  and  recorded  in 
Allegan  County  Register’s  office  January  30,  1914,  in 
Liber  193  of  Deeds  at  Page  233. 

Conveyance  made  by  the  Jackson  Light  & Power 
Company  a corporation,  dated  February  14,  1911,  and 
recorded  in  Allegan  County  Register’s  office  March 
30,  1911,  in  Liber  171  of  Deeds  at  Page  314;  recorded  in 
Calhoun  County  Register’s  office  March  13,  1911,  in  Li- 
ber 224  of  Deeds  at  Page  563 ; recorded  in  Jackson  Coun- 
ty Register  ’s  office  March  23,  1911,  in  Liber  198  of  Deeds 
at  Page  633,  etc.,  and  recorded  in  Kalamazoo  County 
Register’s  office  April  8,  1911,  in  Liber  153  of  Deeds  at 
Page  227. 

Conveyance  made  by  John  Gordon  and  Mollie  S.  Gor- 
don, his  wife,  dated  January  19,  1912,  and  recorded  in 
Allegan  County  Register’s  office  January  27,  1912,  in  Li- 
ber 171  of  Deeds  at  Page  451. 

Conveyance  made  by  Earl  C.  Corey  and  Alice  F.  Co- 
rey, his  wife,  dated  March  15,  1910,  and  recorded  in  Kal- 
amazoo County  Register’s  office  March  24,  1910,  in  Liber 
145  of  Deeds  at  Page  473. 


21 


Conveyance  made  by  William  M.  Eaton  and  Una  C. 
Eaton,  his  wife,  dated  December  29,  1913,  and  recorded 
in  Kalamazoo  County  Register’s  office  January  7,  1914, 
in  Liber  162  of  Deeds  at  Page  490. 

Conveyance  made  by  George  P.  Redpath  and  Eliza 
Redpath,  his  wife,  dated  October  25,  1911,  and  recorded 
in  Kalamazoo  Connty  Register’s  office  October  25,  1911, 
in  Liber  153  of  Deeds  at  Page  458. 

Conveyance  made  by  Nathan  F.  Pool  and  Sarah  J. 
Pool,  his  wife,  dated  June  12,  1905,  and  recorded  in  Kal- 
amazoo County  Register’s  office  June  15,  1905,  in  Liber 
128  of  Deeds  at  Page  171. 

Conveyance  made  by  Arthur  L.  Pratt  and  Frances  E. 
Pratt,  his  wife,  dated  July  21,  1911,  and  recorded  in 
Kalamazoo  County  Register’s  office  August  5,  1911,  in 
Liber  158  of  Deeds  at  Page  250. 

Conveyance  made  by  Jackson  Light  and  Power  Com- 
pany, a corporation,  dated  January  13,  1905,  and  re- 
corded in  Calhoun  County  Register’s  office  January  14, 
1905,  in  Liber  189  of  Deeds  at  Page  570. 

Conveyance  made  by  Ceresco  Mill  and  Hydraulic 
Company,  Limited,  a partnership  association,  dated  Octo- 
ber 25,  1905,  and  recorded  in  Calhoun  County  Register’s 
office  November  2,  1905,  in  Liber  195  of  Deeds  at  Page 
293. 

Conveyance  made  by  Carlton  S.  Miller,  unmarried, 
dated  August  10,  1905,  and  recorded  in  Calhoun  County 
Register’s  office  August  26,  1905,  in  Liber  195  of  Deeds 
at  Page  215. 

Conveyance  made  by  Charles  D.  Brewer  and  Anna 
M.  Brewer,  his  wife,  dated  October  11,  1905,  and  recorded 
in  Calhoun  County  Register’s  office  October  26,  1905,  in 
Liber  197  of  Deeds  at  Page  28. 

Conveyance  made  by  William  M.  Fayerweather  and 
Lettie  Fayerweather,  his  wife,  and  Anna  M.  Fayer- 
weather, dated  September  5,  1905,  and  recorded  in  Cal- 


22 


houn  County  Register’s  office  September  8,  1905,  in  Liber 
195  of  Deeds  at  Page  231. 

Conveyance  made  by  Charles  E.  Rickner,  a single 
man,  dated  September  21,  1908,  and  recorded  in  Calhoun 
County  Register’s  office  September  25,  1908,  in  Liber  213 
of  Deeds  at  Page  27. 

Conveyance  made  by  Charles  F.  Bradford  and  Jessie 
M.  Bradford,  his  wife,  dated  December  3,  1912,  and  re- 
corded in  Calhoun  County  Register’s  office  December  10, 

1912,  in  Liber  236  of  Deeds  at  Page  359. 

Conveyance  made  by  Ellen  Sullivan,  dated  November 
14, 1913,  and  recorded  in  Calhoun  County  Register ’s  office 
November  26,  1913,  in  Liber  245  of  Deeds  at  Page  107. 

Conveyance  made  by  Cordelia  M.  Archer  Smith,  dated 
October  11,  1913,  and  recorded  in  Calhoun  County  Reg- 
ister’s office  November  26,  1913,  in  Liber  245  of  Deeds  at 
Page  108. 

Conveyance  made  by  W.  S.  Butterfield  and  Caroline 
K.  Butterfield,  his  wife,  dated  November  10,  1913,  and 
recorded  November  26,  1913,  in  Calhoun  County  Regis- 
ter’s office  in  Liber  245  of  Deeds  at  Page  106. 

Conveyance  made  by  Ray  M.  Walker  and  Jessie  P. 
Walker,  his  wife,  jointly,  dated  October  2,  1913,  and  re- 
corded in  Calhoun  County  Register’s  office  November  26, 

1913,  in  Liber  245  of  Deeds  at  Page  105. 

Conveyance  made  by  W.  A.  Foote  and  Ida  W.  Foote, 
his  wife,  dated  October  7,  1912,  and  recorded  in  Calhoun 
County  Register’s  office  October  15,  1912,  in  Liber  214  of 
Deeds  at  Page  507. 

Conveyance  made  by  W.  A.  Foote  and  Ida  W.  Foote, 
his  wife,  dated  September  21,  1912,  and  recorded  in  Cal- 
houn County  Register’s  office  October  7,  1912,  in  Liber 
214  of  Deeds  at  Page  506. 

Conveyance  made  by  Wm.  M.  Thompson  and  Kizzie 
R.  Thompson,  his  wife,  dated  April  26, 1905,  and  recorded 
in  Jackson  County  Register’s  office  May  3,  1905,  in  Liber 
176  of  Deeds  at  Page  537,  excepting  and  reserving  from 


23 


the  property  thereby  conveyed  the  right  of  way  for  a 
drain. 

Conveyance  made  by  Jackson  Light  and  Power  Com- 
pany, a corporation,  dated  January  13,  1905,  and  re- 
corded in  Jackson  County  Register’s  office  January  14, 
1905,  in  Liber  176  of  Deeds  at  Page  426. 

Conveyance  made  by  Bernhard  Teufel,  single,  dated 
April  15, 1907,  and  recorded  in  J ackson  County  Register ’s 
office  April  18,  1907,  in  Liber  186  of  Deeds  at  Page  330. 

Conveyance  made  by  Eastern  Michigan  Power  Com- 
pany, dated  January  10,  1914,  and  recorded  in  Jackson 
County  Register’s  office  January  23,  1914,  in  Liber  215 
of  Deeds  at  Pages  409  to  412. 

Conveyance  made  by  Ernest  I.  McCuen  and  Eulalia 
McCuen,  his  wife,  and  George  B.  Gallup  and  Emma  Gal- 
lup, his  wife,  dated  July  16,  1913,  and  recorded  in  Jack- 
son  County  Register’s  office  July  30,  1913,  in  Liber  215  of 
Deeds  at  Page  213. 

Conveyance  made  by  Mrs.  N.  E.  Hull,  dated  October 
1,  1912,  and  recorded  in  Jackson  County  Register’s  office 
January  16, 1913,  in  Liber  215  of  Deeds  at  Page  41. 

Conveyance  made  by  Martin  P.  Conway  and  Alice  C. 
Conway,  his  wife,  dated  January  7,  1913,  and  recorded 
in  Jackson  County  Register’s  office  January  14,  1913,  in 
Liber  215  of  Deeds  at  Page  34. 

Conveyance  made  by  T.  J.  Whalen  and  Debra  Whalen, 
his  wife,  dated  January  7,  1913,  and  recorded  in  Jackson 
County  Register’s  office  January  14,  1913,  in  Liber  215 
of  Deeds  at  Page  35. 

Conveyance  made  by  Arthur  W.  Mason  and  May  H. 
Mason,  dated  October  19,  1912,  and  recorded  in  Jackson 
County  Register’s  office  January  16,  1913,  in  Liber  215  of 
Deeds  at  Page  39. 

Conveyance  made  by  O.  J.  Graves  and  Mary  E.  Graves, 
dated  October  1,  1912,  and  recorded  in  Jackson  County 
Register’s  office  January  16,  1913,  in  Liber  215  of  Deeds 
at  Page  40. 


24 


Conveyance  made  by  John  Fox  and  Louise  Fox,  his 
wife,  dated  February  3,  1913,  and  recorded  in  Jackson 
County  Register’s  Office  March  4,  1913,  in  Liber  215  of 
Deeds  at  Page  80. 

Conveyance  made  by  Mathilda  Heiler  dated  May  11, 
1914,  and  recorded  in  Jackson  County  Register’s  Office 
May  14, 1914,  in  Liber  215  of  Deeds  at  Pages  560  to  561. 

Conveyance  made  by  Home  Real  Estate  and  Improve- 
ment Company,  a corporation,  and  N.  S.  Potter,  dated 
April  12, 1912,  and  recorded  in  Jackson  County  Register’s 
Office  June  7,  1912,  in  Liber  207  of  Deeds  at  Page  474. 

Conveyance  made  by  S.  F.  Longobardi  and  Jiulia 
Longobardi,  his  wife,  dated  August  20, 1910,  and  recorded 
in  Jackson  County  Register’s  Office  August  20,  1910,  in 
Liber  198  of  Deeds  at  Page  373. 

Conveyance  made  by  Sydney  C.  Mantel  and  Rubie  L. 
Mantel,  his  wife,  dated  December  20,  1912,  and  recorded 
in  Jackson  County  Register’s  Office  December  23,  1912, 
in  Liber  215  of  Deeds  at  Page  11. 

Conveyance  made  by  Henry  W.  Clauss  and  Louise 
Clauss,  his  wife,  dated  December  20,  1912,  and  recorded 
in  Jackson  County  Register’s  Office  December  23,  1912, 
in  Liber  215  of  Deeds  at  Page  10. 

Conveyance  made  by  Mrs.  M.  Haselschwerdt,  dated 
December  18,  1912,  and  recorded  in  J ackson  County  Reg- 
ister’s  Office  December  23,  1912,  in  Liber  215  of  Deeds 
at  Page  12. 

Conveyance  made  by  Fred  Younkin  and  Stella  rJ. 
Younkin,  his  wife,  dated  November  1,  1912,  and  recorded 
in  Jackson  County  Register’s  Office  November  1,  1912, 
in  Liber  207  of  Deeds  at  Page  615. 

Conveyance  made  by  Charles  M.  Mesler  and  Almeda 
A.  Mesler,  his  wife,  dated  November  1,  1912,  and  recorded 
in  Jackson  County  Register’s  Office  November  1,  1912, 
in  Liber  207  of  Deeds  at  Page  614. 

Conveyance  made  by  William  A.  Boland  and  Lucy  S. 
Boland,  his  wife,  dated  September  4,  1912,  and  recorded 


25 


in  Jackson  County  Register’s  Office  October  25,  1912, 
in  Liber  207  of  Deeds  at  Page  611. 

Conveyance  made  by  W.  A.  Foote  and  Ida  W.  Foote, 
bis  wife,  dated  June  28,  1912,  and  recorded  in  Washtenaw 
County  Register’s  Office  July  3,  1912,  in  Liber  190  of 
Deeds  at  Page  71. 

Conveyance  made  by  W.  A.  Foote  and  Ida  W.  Foote, 
his  wife,  dated  November  1,  1912,  and  recorded  in  Wash- 
tenaw County  Register’s  Office  November  8, 1912,  in  Liber 
191  of  Deeds  at  Page  57. 

Conveyance  made  by  Charles  A.  Pendleton  and  Mary 
D.  Pendleton,  his  wife,  dated  March  9,  1911,  and  recorded 
in  Ingham  County  Register’s  Office  March  15,  1911,  in 
Liber  182  of  Deeds  at  Page  468. 

Conveyance  made  by  N.  Lansing  Zabriskie  and  Louise 
M.  Zabriskie,  his  wife,  Edwin  Y.  Morgan,  bachelor, 
Frederick  G.  Morgan,  bachelor,  Edith  P.  Morgan,  Clar- 
ence Morgan  and  Anna  D.  Morgan,  his  wife,  dated  Octo- 
ber 26,  1905,  and  recorded  in  Ingham  County  Register’s 
office  December  20,  1905,  in  Liber  141  of  Deeds  at  Page 
208. 

Conveyance  made  by  H.  H.  Crowell  and  Irene  M. 
Crowell,  his  wife,  dated  September  3,  1913,  and  recorded 
in  Ionia  County  Register’s  office  January  7, 1914,  in  Liber 
155  of  Deeds  at  Page  673. 

Conveyance  made  by  Caroline  R.  Reeder,  dated  Sep- 
tember 10,  1913,  and  recorded  in  Ionia  County  Register’s 
office  September  22,  1913,  in  Liber  169  of  Deeds  at  Page 
110. 

Conveyance  made  by  Grand  Ledge  Electric  Power 
Company,  a Michigan  corporation,  dated  August  15,  1907, 
and  recorded  in  Eaton  County  Register’s  office  August 
30, 1907,  in  Liber  157  of  Deeds  at  Page  141  and  following. 

Conveyance  made  by  City  of  Grand  Ledge,  a munici- 
pal corporation  of  the  State  of  Michigan,  dated  April 
26,  1911,  and  recorded  in  Eaton  County  Register’s  office 
May  6, 1911,  in  Liber  165  of  Deeds  at  Page  637. 


26 


Conveyance  made  by  Grand  Ledge  Electric  Power 
Company,  a Michigan  corporation,  dated  July  27,  1907, 
and  recorded  in  Ionia  County  Register’s  office  August  1, 

1907,  in  Liber  148  of  Deeds  at  Page  602. 

Conveyance  made  by  Grand  Ledge  Electric  Power 
Company,  a Michigan  corporation,  dated  February  26, 

1908,  and  recorded  in  Ionia  County  Register’s  office 
March  16,  1908,  in  Liber  151  of  Deeds  at  Page  291. 

Conveyance  made  by  Grand  Ledge  Electric  Power 
Company,  a Michigan  corporation,  dated  November  25, 
1907,  and  recorded  in  Ionia  County  Register’s  office  De- 
cember 13, 1907,  in  Liber  155  of  Deeds  at  Page  9. 

Conveyance  made  by  George  F.  Blacksten  and  Carrie 
E.  Blacksten,  his  wife,  dated  May  16,  1912,  and  recorded 
in  Ionia  County  Register’s  office  June  1,  1912,  in  Liber 
166  of  Deeds  at  Page  161. 

Conveyance  made  by  Sarah  J.  Towner,  Everett  A. 
Towner,  Jane  Towner,  his  wife,  and  Charles  E.  Towner, 
dated  March  25,  1912,  and  recorded  in  Ionia  County 
Register’s  office  April  3,  1912,  in  Liber  165  of  Deeds  at 
Page  575. 

Conveyance  made  by  Edwin  G.  Wilson  and  Zylpliia 
Wilson,  his  wife,  dated  April  2,  1912,  and  recorded  in 
Ionia  County  Register’s  office  April  3,  1912,  in  Liber  165 
of  Deeds  at  Page  577. 

Conveyance  made  by  William  F.  Selleck  and  Alvira 
Selleck,  his  wife,  dated  July  26,  1911,  and  recorded  in 
Ionia  County  Register’s  office  February  26, 1912,  in  Liber 
165  of  Deeds  at  Page  435. 

Conveyance  made  by  John  Hoppes  and  Mary  Eve 
Hoppes,  his  wife,  dated  September  25,  1906,  and  recorded 
in  Ionia  County  Register’s  office  September  26,  1906,  in 
Liber  150  of  Deeds  at  Page  75. 

Conveyance  made  by  Humphrey  R.  Wagar  and 
Ophelia  E.  Wagar,  his  wife,  dated  April  5,  1906,  and 
recorded  in  Ionia  County  Register’s  office  August  3,  1906, 
in  Liber  148  of  Deeds  at  Page  479. 


27 


Conveyance  made  by  Humphrey  R.  Wagar  and 
Ophelia  E.  Wagar,  his  wife,  dated  August  27,  1906,  and 
recorded  in  Ionia  County  Register’s  office  August  28, 
1906,  in  Liber  144  of  Deeds  at  Page  621. 

Conveyance  made  by  Hanford  D.  La  Roche  and 
Susanah  A.  La  Roche,  his  wife,  dated  August  15,  1906, 
and  recorded  in  Ionia  County  Register’s  office  August 
16,  1906,  in  Liber  149  of  Deeds  at  Page  608. 

Conveyance  made  by  Newell  Griffin,  a single  man, 
dated  September  25,  1906,  and  recorded  in  Ionia  County 
Register’s  office  September  26,  1906,  in  Liber  150  of 
Deeds  at  Page  74. 

Conveyance  made  by  Judson  O.  Hendee  and  Anna 
M.  Hendee,  his  wife,  dated  September  18,  1906,  and  re- 
corded in  Ionia  County  Register’s  office  September  20, 
1906,  in  Liber  150  of  Deeds  at  Page  37. 

Conveyance  made  by  Bart  Buck,  unmarried,  George 
A.  Buck  and  Mary  W.  Buck,  his  wife,  Edwin  A.  Buck  and 
Lula  A.  Buck,  his  wife,  dated  September  18,  1906,  and 
recorded  in  Ionia  County  Register’s  office  September  20, 
1906,  in  Liber  150  of  Deeds  at  Page  34. 

Conveyance  made  by  Cora  E.  McIntyre  dated  Sep- 
tember 18,  1906,  and  recorded  in  Ionia  County  Register’s 
office  September  20,  1906,  in  Liber  150  of  Deeds  at  Page 
36. 


Conveyance  made  by  Geo.  T.  Smith  and  Tressa  Smith, 
his  wife,  dated  October  11,  1906,  and  recorded  in  Ionia 
County  Register’s  office  October  12,  1906,  in  Liber  150 
of  Deeds  at  Page  122. 

Conveyance  made  by  Frank  E.  White  and  Bertha  B. 
White,  his  wife,  dated  August  6,  1906,  and  recorded  in 
Ionia  County  Register’s  office  August  9,  1906,  in  Liber 
144  of  Deeds  at  Page  602. 

Conveyance  made  by  Frank  E.  White  and  Bertha  B. 
White,  his  wife,  and  Joseph  H.  White  and  Grace  M. 
White,  his  wife,  dated  August  2,  1906,  and  recorded  in 


28 


Ionia  County  Register’s  office  August  9,  1906,  in  Liber 
144  of  Deeds  at  Page  601. 

Conveyance  made  by  Charles  Goodwin  and  Lucy  A. 
Goodwin,  his  wife,  dated  August  29,  1906,  and  recorded 
in  Ionia  County  Register’s  office  September  7,  1906,  in 
Liber  150  of  Deeds  at  Page  19. 

Conveyance  made  by  Hermann  Rochlitz  and  Anna  E. 
Rochlitz,  his  wife,  dated  September  13, 1906,  and  recorded 
in  Ionia  County  Register’s  office  September  14,  1906,  in 
Liber  150  of  Deeds  at  Page  66. 

Conveyance  made  by  Edward  L.  Goodwin  and  Lillie 
M.  Goodwin,  his  wife,  dated  August  29,  1906,  and  re- 
corded in  Ionia  County  Register’s  office  September  4, 
1906,  in  Liber  150  of  Deeds  at  Page  12. 

Conveyance  made  by  Humphrey  R.  Wagar  and 
Ophelia  E.  Wagar,  his  wife,  dated  September  4, 1906,  and 
recorded  in  Ionia  County  Register’s  office  September  7, 
1906,  in  Liber  144  of  Deeds  at  Page  625. 

Conveyance  made  by  Mary  Hinchy  Bradley,  guardian 
of  James  Wesley  Hinchy,  minor,  dated  November  13, 
1906,  and  recorded  in  Ionia  County  Register’s  office  No- 
vember 13,  1906,  in  Liber  145  of  Deeds  at  Page  550. 

Conveyance  made  by  John  Ginebaugh  and  Eliza  C. 
Ginebaugh,  his  wife,  dated  October  10, 1906,  and  recorded 
in  Ionia  County  Register’s  office  October  12,  1906,  in  Liber 
150  of  Deeds  at  Page  119. 

Conveyance  made  by  Cornelia  A.  Green  dated  July 
31,  1906,  and  recorded  August  3,  1906,  in  Ionia  County 
Register’s  office  in  Liber  149  of  Deeds  at  Page  574. 

Conveyance  made  by  Benjamin  F.  Carpenter  and 
Eliza  Carpenter,  his  wife,  dated  September  19,  1906,  and 
recorded  in  Ionia  County  Register’s  office  September  20, 
1906,  in  Liber  150  of  Deeds  at  Page  33. 

Conveyance  made  by  Joseph  Hazleton  and  Harriet  A. 
Hazleton,  his  wife,  dated  August  31,  1906,  and  recorded 
in  Ionia  County  Register’s  office  September  4,  1906,  in 
Liber  150  of  Deeds  at  Page  15. 


29 


Conveyance  made  by  Erastus  T.  Yeomans  and  Walter 
Yeomans  dated  June  18,  1912,  and  recorded  in  Ionia 
County  Register’s  office  June  20,  1912,  in  Liber  162  of 
Deeds  at  Page  575. 

Conveyance  made  by  Humphrey  R.  Wagar  and 
Ophelia  E.  Wagar,  his  wife,  dated  September  4,  1906, 
and  recorded  in  Ionia  County  Register’s  office  September 
7,  1906,  in  Liber  144  of  Deeds  at  Page  625. 

Conveyance  made  by  Humphrey  R.  Wagar  and 
Ophelia  E.  Wagar,  his  wife,  dated  August  27,  1906,  and 
recorded  in  Ionia  County  Register’s  office  August  28, 
1906,  in  Liber  149  of  Deeds  at  Page  636. 

Conveyance  made  by  Thomas  Toan  and  Mary  P.  Toan, 
his  wife,  dated  September  13,  1906,  and  recorded  in 
Ionia  County  Register’s  office,  September  14,  1906,  in 
Liber  150  of  Deeds  at  Page  65. 

Conveyance  made  by  Aimer  Welch  and  Eliza  Welch, 
his  wife,  dated  October  10,  1906,  and  recorded  in  Ionia 
County  Register’s  office,  October  12,  1906,  in  Liber  150 
of  Deeds  at  Page  121. 

Conveyance  made  by  Ira  Welch,  a single  man,  dated 
October  10,  1906,  and  recorded  in  Ionia  County  Register’s 
office  October  12,  1906,  in  Liber  150  of  Deeds  at  Page 
120. 

Conveyance  made  by  Mary  E.  Webber,  Lorenzo  Web- 
ber and  Dora  Stone  Webber,  his  wife,  and  Christine 
Webber  Latta,  dated  August  15,  1906,  and  recorded  in 
Ionia  County  Register’s  office  September  4,  1906,  in  Liber 
148  of  Deeds  at  Page  500. 

Conveyance  made  by  John  C.  Schultz  and  Mary  G. 
Schultz,  his  wife,  dated  August  30,  1906,  and  recorded  in 
Ionia  County  Register’s  office  September  4, 1906,  in  Liber 
150  of  Deeds  at  Page  13. 

Conveyance  made  by  William  F.  Schultz  and  Alice  B. 
Schultz,  his  wife,  dated  June  5,  1906,  and  recorded  in 
Ionia  County  Register’s  office  June  8, 1906,  in  Liber  149  of 
Deeds  at  Page  424.. 


30 


Conveyance  made  by  Norman  Castle  and  Juny  Castle, 
liis  wife,  dated  October  12,  1906,  and  recorded  in  Ionia 
County  Register’s  office  October  12,  1906,  in  Liber  150 
of  Deeds  at  Page  126. 

Conveyance  made  by  Mary  T.  Ferguson  dated  June 
5,  1906,  and  recorded  in  Ionia  County  Register’s  office 
June  8,  1906,  in  Liber  149  of  Deeds  at  Page  425. 

Conveyance  made  by  William  S.  Keefer  and  Minnie 
Keefer,  his  wife,  dated  September  19,  1906,  and  recorded 
in  Ionia  County  Register’s  office  September  20,  1906,  in 
Liber  150  of  Deeds  at  Page  35. 

Conveyance  made  by  Charlotte  T.  Northrop  dated 
August  22nd,  1906,  and  recorded  in  Ionia  County  Regis- 
ter’s office  August  28,  1906,  in  Liber  144  of  Deeds  at  Page 
618. 

Conveyance  made  by  Wilbert  W.  Cutler  and  Marion 
E.  Cutler,  his  wife,  Philo  F.  Cutler  and  Belle  Cutler,  his 
wife,  and  Lavinia  E.  Cutler,  dated  August  11,  1906,  and 
recorded  in  Ionia  County  Register’s  office  August  28, 
1906,  in  Liber  144  of  Deeds  at  Page  615. 

Conveyance  made  by  Ella  C.  Massey  dated  August  18, 
1906,  and  recorded  in  Ionia  County  Register’s  office 
August  28,  1906,  in  Liber  144  of  Deeds  at  Page  620. 

Conveyance  made  by  Kate  D.  Harris  dated  August 

20,  1906,  and  recorded  in  Ionia  County  Register’s  office* 
August  28,  1906,  in  Liber  144  of  Deeds  at  Page  619. 

Conveyance  made  by  Charles  Dygert  dated  August 

21,  1906,  and  recorded  in  Ionia  County  Register’s  office 
August  28,  1906,  in  Liber  144  of  Deeds  at  Page  616. 

Conveyance  made  by  Stephen  A.  Vaness  dated  Au- 
gust 24,  1906,  and  recorded  in  Ionia  County  Register’s 
office  August  28,  1906,  in  Liber  144  of  Deeds  at  Page 
617. 

Conveyance  made  by  W.  A.  Foote  and  Ida  W.  Foote, 
his  wife,  dated  March  2,  1910,  .and  recorded  in  Ionia 


31 


County  Register’s  Office  March  4,  1910,  in  Liber  143  of 
Deeds  at  Page  511. 

Conveyance  made  by  Alvah  Gr.  Smith  and  Ada  M. 
Smith,  his  wife,  dated  August  31,  1906,  and  recorded  in 
Ionia  County  Register’s  office  October  12,  1906,  in  Liber 
150  of  Deeds  at  Page  123. 

Conveyance  made  by  Daniel  S.  Johnson  and  Alice  J. 
Johnson,  dated  April  7,  1906,  and  recorded  in  Ionia 
County  Register’s  office  August  16,  1906,  in  Liber  149  of 
Deeds  at  Page  609. 

Conveyance  made  by  Jacob  L.  Buck  and  Clarissa  L. 
Buck,  his  wife,  Harvey  O.  Lester  and  Ada  B.  Lester,  his 
wife,  dated  November  7,  1906,  and  recorded  in  Ionia 
County  Register’s  office  November  8,  1906,  in  Liber  150 
of  Deeds  at  Page  217. 

Conveyance  made  by  Alpheus  A.  Rock  and  Anna  M. 
Rock,  his  wife,  dated  September  13,  1906,  and  recorded 
in  Ionia  County  Register’s  office  October  12,  1906,  in 
Liber  150  of  Deeds  at  Page  127. 

Conveyance  made  by  Humphrey  R.  Wagar  and 
Ophelia  E.  Wagar,  his  wife,  dated  December  31,  1906, 
and  recorded  in  Ionia  County  Register’s  office  January 
15,  1907,  in  Liber  151  of  Deeds  at  Page  59. 

Conveyance  made  by  Ora  J.  Turner  and  Lucy  A. 
Turner,  his  wife,  dated  July  15,  1912,  and  recorded  in 
Ionia  County  Register  ’s  office  July  19,  1912  in  Liber  89 
of  Deeds  at  Page  421. 

Conveyance  made  by  Lewis  C.  Miller  and  Sarah  E. 
Miller,  his  wife,  dated  November  17,  1909,  and  recorded 
in  Calhoun  County  Register’s  office  January  21,  1910, 
in  Liber  217  of  Deeds  at  Page  462. 

Conveyance  made  by  Frances  Kelley,  dated  Novem- 
ber 17,  1909,  and  recorded  in  Calhoun  County  Register’s 
office  January  21,  1910,  in  Liber  217  of  Deeds  at  Page 
463. 

Conveyance  made  by  Solomon  Sellers  and  Sarah  A. 
Sellers,  his  wife,  dated  November  18,  1909,  and  recorded 


32 


in  Calhoun  County  Register’s  office,  January  21,  1910,  in 
Liber  217  of  Deeds  at  Page  465. 

Conveyance  made  by  John  F.  Shurlow  and  Emily  S. 
Shurlow,  his  wife,  dated  August  15,  1906,  and  recorded 
in  Kalamazoo  County  Register’s  office  December  8,  1906, 
in  Liber  131,  of  Deeds  at  Page  477. 

Conveyance  made  by  Henry  M.  Marvin  and  Jennie 
Dodge  Marvin,  his  wife,  dated  September  14,  1906,  and 
recorded  in  Kalamazoo  County  Register’s  office  Decem- 
ber 8,  1906,  in  Liber  131  of  Deeds  at  Page  493. 

Conveyance  made  by  Mary  A.  Loveland,  dated  Sep- 
tember 26,  1906,  and  recorded  in  Kalamazoo  County 
Register’s  office  December  8,  1906,  in  Liber  131  of  Deeds 
at  Page  496. 

Conveyance  made  by  Chas.  W.  Andrews,  single,  da- 
ted August  24,  1906,  and  recorded  in  Kalamazoo  County 
Register’s  office  December  8,  1906,  in  Liber  131  of  Deeds 
at  Page  482. 

Conveyance  made  by  William  Shakespeare,  Junior, 
and  Lhea  C.  Shakespeare,  his  wife,  and  Lydia  Shake- 
speare, dated  October  15,  1909,  and  recorded  in  Kalama- 
zoo County  Register’s  office  January  28,  1910,  in  Liber 
145  of  Deeds  at  Page  415. 

Conveyance  made  by  Nettie  M.  Newton,  dated  Sep- 
tember 29,  1909,  and  recorded  in  Kalamazoo  County  Reg- 
ister’s office  January  5,  1910,  in  Liber  145  of  Deeds  at 
Page  386. 

Conveyance  made  by  Sylvester  H.  Gray  and  Antha 
Gray,  his  wife,  dated  October  7,  1909,  and  recorded  in 
Kalamazoo  County  Register’s  office  January  28,  1910,  in 
Liber  145  of  Deeds  at  Page  412. 

Conveyance  made  by  Delbert  L.  Thomas  and  Olive 
M.  Thomas,  his  wife,  dated  November  8,  1909,  and  re- 
corded in  Kalamazoo  County  Register’s  office  January 
5,  1910,  in  Liber  142  of  Deeds  at  Page  464. 

Conveyance  made  by  Asa  A.  Doane  and  Johanna  Do- 
ane,  his  wife,  dated  December  6,  1909,  and  recorded  in 


33 


Kalamazoo  County  Register’s  office  January  5,  1910,  in 
Liber  149  of  Deeds  at  Page  55. 

Conveyance  made  by  Charlotte  I.  Anderson  Gilbert, 
dated  October  26,  1909,  and  recorded  in  Kalamazoo  Coun- 
ty Register’s  office  January  5,  1910,  in  Liber  145  of 
Deeds  at  Page  394. 

Conveyance  made  by  Oscar  N.  Brower,  a single  man, 
dated  October  22,  1909,  and  recorded  in  Kalamazoo 
County  Register’s  office  November  13,  1909,  in  Liber  145 
of  Deeds  at  Page  320. 

Conveyance  made  by  Geo.  W.  M.  Hunt  and  Clara 
B.  Hunt,  dated  November  11,  1909,  and  recorded  in  Kala- 
mazoo County  Register’s  office  January  5,  1910,  in  Liber 
145  of  Deeds  at  Page  393. 

Conveyance  made  by  C.  L.  Hoose  and  Carrie  Hoose, 
his  wife,  dated  October  18,  1909,  and  recorded  in  Kalama- 
zoo County  Register’s  office  January  5,  1910,  in  Liber  145 
of  Deeds  at  Page  385. 

Conveyance  made  by  Margaret  I.  Love,  dated  Octo- 
ber 9,  1909,  and  recorded  in  Kalamazoo  County  Regis- 
ter’s office  January  5,  1910,  in  Liber  145  of  Deeds  at 
Page  384. 

Conveyance  made  by  Oscar  N.  Brower,  single,  dated 
October  22,  1909,  and  recorded  in  Kalamazoo  County 
Register’s  office  November  13,  1909,  in  Liber  145  of 
Deeds  at  Page  319. 

Conveyance  made  by  Chas.  S.  Dayton,  Edwin  J.  Day- 
ton,  and  Frances  Dayton,  his  wife,  dated  December  30, 
1909,  and  recorded  in  Kalamazoo  County  Register’s  of- 
fice January  5,  1910,  in  Liber  145  of  Deeds  at  Page  392. 

Conveyance  made  by  Geo.  C.  Winslow  and  Alice  J. 
Winslow,  his  wife,  dated  October  30,  1909,  and  recorded 
in  Kalamazoo  County  Register  ’s  office  January  5,  1910, 
in  Liber  145  of  Deeds  at  Page  391. 

Conveyance  made  by  Caleb  Wilson  and  Helen  A. 
Wilson,  his  wife,  dated  October  21,  1909,  and  recorded 


34 


in  Kalamazoo  County  Register’s  office  January  5,  1910, 
in  Liber  145  of  Deeds  at  Page  390. 

Conveyance  made  by  John  Grant,  dated  October  28, 
1909,  and  recorded  in  Kalamazoo  County  Register’s  of- 
fice January  5,  1910,  in  Liber  145  of  Deeds  at  Page  389. 

Conveyance  made  by  George  L.  Klinger  and  Georgi- 
annia,  his  wife,  and  Susan  M.  Klinger,  dated  October  5, 

1909,  and  recorded  in  Kalamazoo  County  Register’s  of- 
fice January  5,  1910,  in  Liber  145  of  Deeds  at  Page  388. 

Conveyance  made  by  the  City  of  Kalamazoo,  a mu- 
nicipal corporation,  dated  December  22,  1909,  and  re- 
corded in  Kalamazoo  County  Register’s  office  January 
5,  1910,  in  Liber  145  of  Deeds  at  Page  387. 

Conveyance  made  by  William  Thomas  and  Emma 
Thomas,  his  wife,  dated  October  1,  1909,  and  recorded  in 
Kalamazoo  County  Register’s  office  February  1,  1910,  in 
Liber  145  of  Deeds  at  Page  418. 

Conveyance  made  by  Geo.  A.  Bradt  and  Sophia  Bradt, 
his  wife,  dated  October  5,  1909,  and  recorded  in  Kalama- 
zoo County  Register  ’s  office  July  2,  1910,  in  Liber  145  of 
Deeds  at  Page  588. 

Conveyance  made  by  Otto  A.  Rousch  and  Clara 
Rousch,  his  wife,  dated  December  7,  1909,  and  recorded 
in  Kalamazoo  County  Register  ’s  office  January  28,  1910, 
in  Liber  145  of  Deeds  at  Page  411. 

Conveyance  made  by  Adam  Elirman  and  Barbara 
Ehrman,  his  wife,  dated  September  30,  1909,  and  record- 
ed in  Kalamazoo  County  Register’s  office  July  2,  1910, 
in  Liber  145  of  Deeds  at  Page  589. 

Conveyance  made  by  William  A.  Watson  and  Frank 
J.  Watson,  both  single  men,  dated  January  29,  1910,  and 
recorded  in  Kalamazoo  County  Register’s  office  July  2, 

1910,  in  Liber  145  of  Deeds  at  Page  592. 

Conveyance  made  by  Samuel  A.  Morrison,  dated  Oc- 
tober 2,  1909,  and  recorded  in  Kalamazoo  County  Regi- 
ster’s office  July  2,  1910,  in  Liber  145  of  Deeds  at  Page 
591. 


35 


Conveyance  made  by  Chas.  H.  Palmer  and  Lonise  R. 
Palmer,  and  Harry  S.  Waterman  and  Jennie  I.  Water- 
man, dated  October  13,  1909,  and  recorded  in  Kalamazoo 
County  Register’s  office  November  6,  1909,  in  Liber  145 
of  Deeds  at  Page  314. 

Conveyance  made  by  Chas.  H.  Palmer  and  Louise  R. 
Palmer,  his  wife,  and  Harry  S.  Waterman  and  Jennie  I. 
Waterman,  his  wife,  dated  October  10,  1910,  and  record- 
ed in  Kalamazoo  County  Register’s  office  May  24,  1911, 
in  Liber  153  of  Deeds  at  Page  293. 

Conveyance  made  by  I.  Nat.  Wattles  and  Florence  S. 
Wattles,  his  wife,  dated  October  23,  1909,  and  recorded 
in  Kalamazoo  County  Register’s  office  December  16,  1912, 
in  Liber  162  of  Deeds  at  Page  209. 

Conveyance  made  by  Harry  Cowie,  dated  October  27, 
1909,  and  recorded  in  Kalamazoo  County  Register  ’s  of- 
fice January  28,  1910,  in  Liber  145  of  Deeds  at  Page  413. 

Conveyance  made  by  Solomon  Quackenbush,  dated 
October  26,  1909,  and  recorded  in  Kalamazoo  County 
Register’s  office  January  28,  1910,  in  Liber  145  of  Deeds 
at  Page  414. 

Conveyance  made  by  Mary  J.  Fletcher,  Cornelia  S. 
Sheldon,  Oscar  D.  Cornell  and  Geo.  H.  Cornell,  dated 
February  14,  1910,  and  recorded  in  Kalamazoo  County 
Register’s  office  July  2,  1910,  in  Liber  145  of  Deeds  at 
Page  589. 

Conveyance  made  by  Elizabeth  O.  Belch,  et  al,  dated 
January  3,  1910,  and  recorded  in  Kalamazoo  County 
Register’s  office  December  16,  1912,  in  Liber  162  of  Deeds 
at  Page  208. 

Conveyance  made  by  Herbert  L.  Ashton  and  Abbie 
H.  Ashton,  his  wife,  dated  December  16,  1909,  and  re- 
corded in  Kalamazoo  County  Register’s  office  January 
31,  1910,  in  Liber  145  of  Deeds  at  Page  417. 

Conveyance  made  by  J.  D.  Kommissaris,  dated  Octo- 
ber 27,  1909,  and  recorded  in  Kalamazoo  County  Regi- 


36 


ster’s  office  January  27,  1912,  in  Liber  162  of  Deeds  at 
Page  103. 

Conveyance  made  by  Elias  B.  Willison  and  Nancy 
Willison,  bis  wife,  dated  August  25,  1906,  and  recorded 
in  Kalamazoo  County  Register’s  office  December  8,  1906, 
in  Liber  131  of  Deeds  at  Page  483. 

Conveyance  made  by  Cephas  S.  Kent  and  Harriet  C. 
Kent,  his  wife,  dated  August  24,  1906,  and  recorded  in 
Kalamazoo  County  Register’s  office  December  8,  1906,  in 
Liber  131  of  Deeds  at  Page  483. 

Conveyance  made  by  Geo.  C.  Winslow  and  Alice  J. 
Winslow,  his  wife,  dated  October  30,  1909,  and  recorded 
in  Kalamazoo  County  Register’s  office  January  5,  1910, 
in  Liber  145  of  Deeds  at  Page  392. 

Conveyance  made  by  Frances  L.  Piper  and  George  W. 
Langs,  single,  dated  September  15,  1906,  and  recorded  in 
Kalamazoo  County  Register’s  office  December  8,  1906, 
in  Liber  131  of  Deeds  at  Page  494. 

Conveyance  made  by  Edward  T.  Dodge  and  Louise  P. 
Dodge,  his  wife,  dated  September  26,  1906,  and  recorded 
in  Kalamazoo  County  Register’s  office  December  8,  1906, 
in  Liber  131  of  Deeds  at  Page  495. 

Conveyance  made  by  John  F.  Shurlow  and  Emily  S. 
Shurlow,  his  wife,  dated  August  15,  1906,  and  recorded 
in  Kalamazoo  County  Register’s  office  December  8,  1906, 
in  Liber  131  of  Deeds  at  Page  478. 

Conveyance  made  by  Ruth  M.  Scudder,  dated  August 
11,  1906,  and  recorded  in  Kalamazoo  County  Register’s 
office  December  8,  1906,  in  Liber  131  of  Deeds  at  Page 
476. 

Conveyance  made  by  Mary  A.  Brewer,  dated  August 
15,  1906,  and  recorded  in  Kalamazoo  County  Register’s 
office  December  8, 1906,  in  Liber  131  of  Deeds  at  Page  479. 

Conveyance  made  by  Esther  A.  Robinson,  dated  Octo- 
ber 15,  1906,  and  recorded  in  Kalamazoo  County  Regis- 
ter’s office  December  8,  1906,  in  Liber  131  of  Deeds  at 
Page  500. 


37 


Conveyance  made  by  Minnie  L.  Wing,  dated  October 

16,  1906,  and  recorded  in  Kalamazoo  County  Register’s 
office  December  8,  1906,  in  Liber  131  of  Deeds  at  Page 
502. 

Conveyance  made  by  Miel  L.  Cory  and  Sarah  M.  Cory, 
his  wife,  dated  October  16,  1906,  and  recorded  in  Kala- 
mazoo County  Register’s  office  December  8, 1906,  in  Liber 
131  of  Deeds  at  Page  502. 

Conveyance  made  by  John  D.  Nellis,  single,  dated 
October  19,  1906,  and  recorded  in  Kalamazoo  County 
Register’s  office  December  8,  1906,  in  Liber  131  of  Deeds 
at  Page  505. 

Conveyance  made  by  Thomas  A.  Graham  and  Florence 
E.  Graham,  his  wife,  dated  August  11,  1906,  and  recorded 
in  Kalamazoo  County  Register’s  office  December  8,  1906, 
in  Liber  131  of  Deeds  at  Page  477. 

Conveyance  made  by  John  Donovan,  single,  dated 
August  10,  1906,  and  recorded  in  Kalamazoo  County  Reg- 
ister’s office  December  8,  1906,  in  Liber  131  of  Deeds  at 
Page  475. 

Conveyance  made  by  William  H.  Booker,  single,  dated 
October  17, 1906,  and  recorded  in  Kalamazoo  County  Reg- 
ister’s  office  December  8,  1906,  in  Liber  131  of  Deeds  at 
Page  504. 

Conveyance  made  by  Flora  A.  Powers,  dated  October 

17,  1906,  and  recorded  in  Kalamazoo  County  Register’s 
office  December  8,  1906,  in  Liber  131  of  Deeds  at  Page 
505. 

Conveyance  made  by  Frank  E.  Brown,  single,  dated 
October  16,  1906,  recorded  in  Kalamazoo  County  Regis- 
ter’s office  December  8,  1906,  in  Liber  131  of  Deeds  at 
Page  501. 

Conveyance  made  by  John  Donovan,  single,  dated 
October  19,  1906,  and  recorded  in  Kalamazoo  County 
Register’s  office  December  8,  1906,  in  Liber  131  of  Deeds 
at  Page  506. 


38 


Conveyance  made  by  Eunice  M.  Jones,  dated  Septem- 
ber 22,  1906,  and  recorded  in  Kalamazoo  County  Regis- 
ter’s office  December  8,  1906,  in  Liber  131  of  Deeds  at 
Page  499. 

Conveyance  made  by  R.  A.  Newell  and  Nettie  F.  New- 
ell, his  wife,  dated  August  21,  1906,  and  recorded  in 
Kalamazoo  County  Register’s  office  December  8,  1906,  in 
Liber  131  of  Deeds  at  Page  480. 

Conveyance  made  by  Milo  A.  Snow  and  Kate  Snow, 
his  wife,  dated  December  29,  1906,  and  recorded  in  Kala- 
mazoo County  Register’s  office  January  7,  1907,  in  Liber 
135  of  Deeds  at  Page  145. 

Conveyance  made  by  Catharine  A.  Waling  and  Chas. 
H.  Waling,  single,  dated  August  18,  1906,  and  recorded  in 
Kalamazoo  County  Register’s  office  December  8,  1906,  in 
Liber  131  of  Deeds  at  Page  480. 

Conveyance  made  by  School  District  Number  Five, 
Township  of  Richland,  dated  September  28,  1906,  and  re- 
corded in  Kalamazoo  County  Register’s  office  December 
8, 1906,  in  Liber  131  of  Deeds  at  Page  496. 

Conveyance  made  by  Eugene  F.  Knappen  and  Sarah 
Elizabeth  Knappen,  his  wife,  dated  August  15,  1906,  and 
recorded  in  Kalamazoo  County  Register’s  office  December 
29,  1906,  in  Liber  131  of  Deeds  at  Page  522. 

Conveyance  made  by  Township  of  Richland,  dated 
September  28,  1906,  and  recorded  in  Kalamazoo  County 
Register’s  office  December  8,  1906,  in  Liber  131  of  Deeds 
at  Page  497. 

Conveyance  made  by  Mattie  D.  Read,  dated  October 
12,  1906,  and  recorded  in  Kalamazoo  County  Register’s 
office  December  8,  1906,  in  Liber  131  of  Deeds  at  Page 
499. 

Conveyance  made  by  G.  M.  Evers  and  Lucinda  Evers, 
his  wife,  dated  August  15,  1906,  and  recorded  in  Kala- 
mazoo County  Register’s  office  December  8, 1906,  in  Liber 
131  of  Deeds  at  Page  493. 


39 


Conveyance  made  by  Clarence  L.  Harvey  and  Sarah 
R.  Harvey,  his  wife,  dated  September  6,  1906,  and  re- 
corded in  Kalamazoo  County  Register’s  office  December 
8, 1906,  in  Liber  131  of  Deeds  at  Page  491. 

Conveyance  made  by  Julian  F.  Gilkey,  single,  dated 
December  29,  1906,  and  recorded  in  Kalamazoo  County 
Register’s  office  January  7,  1907,  in  Liber  135  of  Deeds  at 
Page  146. 

Conveyance  made  by  Patrick  H.  Gilkey  and  Adella  P. 
Gilkey,  his  wife,  dated  September  6,  1906,  and  recorded 
in  Kalamazoo  County  Register’s  office  December  8,  1906, 
in  Liber  131  of  Deeds  at  Page  490. 

Conveyance  made  by  James  Kirkland  and  Mary  E. 
Kirkland,  his  wife,  dated  December  31, 1906,  and  recorded 
in  Kalamazoo  County  Register’s  office  January  7,  1907, 
in  Liber  135  of  Deeds  at  Page  144. 

Conveyance  made  by  Emery  R.  Chadderdon  and  Hat- 
tie E.  Chadderdon,  his  wife,  dated  September  5,  1906,  and 
recorded  in  Kalamazoo  County  Register’s  office  December 
8,  1906,  in  Liber  131  of  Deeds  at  Page  489. 

Conveyance  made  by  Leslie  F.  Miller  and  Susie  M. 
Miller,  his  wife,  dated  August  28,  1906,  and  recorded  in 
Kalamazoo  County  Register’s  office  December  8,  1906,  in 
Liber  131  of  Deeds  at  Page  498. 

Conveyance  made  by  Nelson  B.  Beers,  Sr.,  and  Lucy 
G.  Beers,  his  wife,  dated  August  22,  1906,  and  recorded 
in  Kalamazoo  County  Register’s  office  December  8,  1906, 
in  Liber  131  of  Deeds  at  Page  481. 

Conveyance  made  by  Augustus  Van  Pratt  and  Mary 
Van  Pratt,  his  wife,  dated  August  28,  1906,  and  recorded 
in  Kalamazoo  County  Register’s  office  December  8,  1906, 
in  Liber  131  of  Deeds  at  Page  486. 

Conveyance  made  by  Thomas  F.  Miller  and  Mary  A. 
Miller,  his  wife,  dated  August  29,  1906,  and  recorded  in 
Kalamazoo  County  Register’s  office  December  8,  1906, 
in  Liber  131  of  Deeds  at  Page  487. 


40 


Conveyance  made  by  Florence  Hale,  dated  August  28, 
1906,  and  recorded  in  Kalamazoo  County  Register’s  office 
December  8,  1906,  in  Liber  131  of  Deeds  at  Page  485. 

Conveyance  made  by  Arora  J.  Burrell  and  Helen  D. 
Burrell,  his  wife,  dated  August  28,  1906,  and  recorded  in 
Kalamazoo  County  Register’s  office  December  8,  1906,  in 
Liber  131  of  Deeds  at  Page  486. 

Conveyance  made  by  H.  A.  Hale  and  Florence  Hale, 
his  wife,  dated  August  28,  1906,  and  recorded  in  Kala- 
mazoo County  Register’s  office  December  8,  1906,  in  Liber 
131  of  Deeds  at  Page  484. 

Conveyance  made  by  Cornelia  E.  Barber,  dated  Sep- 
tember 1,  1906,  and  recorded  in  Kalamazoo  County  Regi- 
ster’s office  December  8,  1906,  in  Liber  131  of  Deeds  at 
Page  488. 

Conveyance  made  by  Eri  G.  Hicks  and  Anna  Hicks, 
his  wife,  dated  August  29,  1906,  and  recorded  in  Barry 
County  Register’s  office  December  8,  1906,  in  Liber  93 
of  Deeds  at  Page  108. 

Conveyance  made  by  M.  P.  Bresson  and  Fannie  F. 
Bresson,  his  wife,  dated  August  30,  1906,  and  recorded 
in  Barry  County  Register’s  office  December  8,  1906,  in 
Liber  93  of  Deeds  at  Page  107. 

Conveyance  made  by  F.  O.  Rouse  and  M.  J.  Rouse,  his 
wife,  dated  November  3,  1906,  and  recorded  in  Barry 
County  Register’s  office  January  5,  1907,  in  Liber  93  of 
Deeds  at  Page  115. 

Conveyance  made  by  James  A.  Burchett  and  Etha  L. 
Burchett,  his  wife,  dated  August  31,  1906,  and  recorded 
in  Barry  County  Register’s  office  December  8,  1906,  in 
Liber  93  of  Deeds  at  Page  107  and  108. 

Conveyance  made  by  William  H.  Grable  and  Rebecca 
A.  Grable,  his  wife,  dated  August  31,  1906,  and  recorded 
in  Allegan  County  Register’s  office  December  8,  1906,  in 
Liber  158  of  Deeds  at  Page  389. 


41 


Conveyance  made  by  Ulysses  G.  Morrell  and  Ida  Mor- 
rell, his  wife,  dated  August  30,  1906,  and  recorded  in 
Allegan  County  Register’s  office  December  8,  1906,  in 
Liber  158  of  Deeds  at  Page  377. 

Conveyance  made  by  Eugene  E.  Morrell  and  Mary  A. 
Morrell,  his  wife,  dated  August  31,  1906,  and  recorded  in 
Allegan  County  Register’s  office  December  8,  1906,  in 
Liber  158  of  Deeds  at  Page  375. 

Conveyance  made  by  Wm.  Honeysett  and  Harriet 
Honeysett,  his  wife,  dated  September  1,  1906,  and  re- 
corded in  Allegan  County  Register’s  office  December  8, 
1906,  in  Liber  158  of  Deeds  at  Page  381. 

Conveyance  made  by  School  District  Number  3,  Gun- 
plains  Township,  dated  October  3,  1906,  and  recorded  in 
Allegan  County  Register’s  office  December  8,  1906,  in 
Liber  158  of  Deeds  at  Page  378. 

Conveyance  made  by  Marcia  Luella  Keiser,  dated 
September  3,  1906,  and  recorded  in  Allegan  County  Reg- 
ister’s office  December  8,  1906,  in  Liber  158  of  Deeds  at 
Page  379. 

Conveyance  made  by  Malinda  Keiser,  dated  August 
30,  1906,  and  recorded  in  Allegan  County  Register’s  office 
December  8,  1906,  in  Liber  158  of  Deeds  at  Page  380. 

Conveyance  made  by  Georgia  A.  Snyder,  dated  Aug- 
ust 30,  1906,  and  recorded  in  Allegan  County  Register’s 
office  December  8,  1906,  in  Liber  158  of  Deeds  at  Page 
380. 

Conveyance  made  by  Dexter  Harrington  and  Freda 
Harrington,  his  wife,  and  Daniel  Harrington,  single, 
dated  August  30,  1906,  and  recorded  in  Allegan  County 
Register’s  office  December  8,  1906,  in  Liber  158  of  Deeds 
at  Page  390. 

Conveyance  made  by  Jennett  Smith,  dated  August 
31, 1906,  and  recorded  in  Allegan  County  Register ’s  office 
December  8,  1906,  in  Liber  158  of  Deeds  at  Page  382. 


42 


Conveyance  made  by  Frank  H.  Hoyt  and  Marion  H. 
Hoyt,  bis  wife,  and  recorded  in  Allegan  County  Register’s 
office  December  8, 1906,  in  Liber  158  of  Deeds  at  Page  382. 

Conveyance  made  by  Mary  E.  L.  Bliss,  dated  August 
31,  1906,  and  recorded  in  Allegan  County  Register’s  office 
December  8,  1906,  in  Liber  158  of  Deeds  at  Page  384. 

Conveyance  made  by  Charles  W.  Smith  and  Jennett 
Smith,  his  wife,  dated  September  8,  1906,  and  recorded 
in  Allegan  County  Register’s  office  December  8,  1906,  in 
Liber  158  of  Deeds  at  Page  384. 

Conveyance  made  by  Emma  Munn,  dated  October  4, 
1906,  and  recorded  in  Allegan  County  Register’s  office 
December  8,  1906,  in  Liber  158  of  Deeds  at  Page  383. 

Conveyance  made  by  William  De  Lano  and  Mary  De 
Lano,  his  wife,  dated  October  6,  1906,  and  recorded  in 
Allegan  County  Register’s  office  December  8,  1906,  in 
Liber  158  of  Deeds  at  Page  386. 

Conveyance  made  by  Walter  W.  Woodhams  and  Mary 
L.  Woodhams,  his  wife,  dated  October  10,  1906,  and  re- 
corded in  Allegan  County  Register’s  office  December  8, 
1906,  in  Liber  158  of  Deeds  at  Page  386. 

Conveyance  made  by  Edward  Gray  and  Ann  Gray, 
his  wife,  and  Walter  W.  Woodhams  and  Mary  L.  Wood- 
hams, his  wife,  dated  October  6,  1906,  and  recorded  in 
Allegan  County  Register’s  office  December  8,  1906,  in 
Liber  158  of  Deeds  at  Page  387. 

Conveyance  made  by  Ulric  G.  Brown  and  Cora  M. 
Brown,  his  wife,  dated  October  4,  1906,  and  recorded  in 
Allegan  County  Register’s  office  December  8,  1906,  in 
Liber  158  of  Deeds  at  Page  385. 

Conveyance  made  by  Frank  W.  Hall  and  Alice  E.  Hall, 
his  wife,  dated  September  22,  1906,  and  recorded  in  Alle- 
gan County  Register’s  office  December  8,  1906,  in  Liber 
158  of  Deeds  at  Page  388. 

Conveyance  made  by  Wm.  E.  Thompson  and  Agnes 
E.  Thompson,  his  wife,  dated  September  21,  1906,  and 


43 


recorded  in  Allegan  County  Register’s  office  December 
8, 1906,  in  Liber  158  of  Deeds  at  Page  390. 

Conveyance  made  by  John  N.  Wheater  and  Elizabeth 
T.  Wheater,  his  wife,  dated  September  7,  1906,  and  re- 
corded in  Allegan  County  Register’s  office  December  8, 
1906,  in  Liber  158  of  Deeds  at  Page  376. 

Conveyance  made  by  McCuen-Reynolds  Company, 
dated  August  4,  1914,  and  recorded  in  Jackson  County 
Register’s  office  November  16,  1914,  in  Liber  221  of  Deeds 
at  Pages  96  and  97. 

Conveyance  made  by  McCuen-Reynolds  Company  da- 
ted August  4,  1914,  and  recorded  in  Jackson  County  Reg- 
ister’s office  November  16,  1914,  in  Liber  221  of  Deeds 
at  Pages  97  and  98. 

A complete  electric  distribution  line  extending 
from  the  village  of  Parma,  in  Jackson  County, 
Michigan,  to  the  village  of  Concord,  in  said  Jack- 
son  County,  Michigan,  including  masts,  towers, 
poles,  cross-arms,  insulators,  cables,  wires  and  other  high 
tension  apparatus  and  appliances;  also  all  lands,  prem- 
ises, easements,  rights  of  way,  franchises,  grants,  leases, 
permits,  licenses,  privileges,  and  other  rights  used,  useful, 
or  convenient  in  connection  with  said  electric  transmis- 
sion line,  as  acquired  by  and  granted  to  the  Common- 
wealth Power  Company  by  deeds,  grants  or  other  convey- 
ances as  appear  of  record  in  the  office  of  the  Register  of 
Deeds  of  said  J ackson  County,  Michigan,  to  which  record 
reference  is  hereby  made  for  greater  certainty. 

A complete  electric  distribution  line  extending 
from  the  steam  plant  in  the  city  of  Jackson, 
in  Jackson  County,  Michigan,  to  the  property  of 
the  Greenville  Gravel  Company  on  Section  thirty- 
one  (31),  Township  three  (3)  South,  Range  one 
(1)  East,  including  masts,  towers,  poles,  cross-arms,  in- 
sulators, cables,  wires  and  other  high  tension  apparatus 
and  appliances ; also  all  lands,  premises,  easements,  rights 
of  way,  franchises,  grants,  leases,  permits,  licenses,  privi- 


leges,  and  other  rights  used,  useful  or  convenient  in  con- 
nection with  said  electric  transmission  line,  as  acquired  by 
and  granted  to  the  Commonwealth  Power  Company  by 
deeds,  grants  or  other  conveyances  as  appear  of  record  in 
the  Office  of  the  Register  of  Deeds  of  said  Jackson  County, 
Michigan,  to  which  record  reference  is  hereby  made  for 
greater  certainty. 

A complete  electric  distribution  line  extending 
from  the  steam  plant  in  the  city  of  Jackson,  in 
Jackson  County,  Michigan,  to  the  County  Farm 
of  said  Jackson  County,  located  on  Section  nine- 
teen (19),  Township  two  (2)  South,  Range  one  (1) 
West,  including  masts,  towers,  poles,  cross-arms,  insula- 
tors, cables,  wires  and  other  high  tension  apparatus  and 
appliances;  also  all  lands,  premises,  easements,  rights  of 
way,  franchises,  grants,  leases,  permits,  licenses,  privi- 
leges, and  other  rights  used,  useful,  or  convenient  in  con- 
nection with  said  electric  transmission  line,  as  acquired  by 
and  granted  to  the  Commonwealth  Power  Company  by 
deeds,  grants  or  other  conveyances  as  appear  of  record  in 
the  Office  of  the  Register  of  Deeds  of  said  Jackson 
County,  Michigan,  to  which  record  reference  is  hereby 
made  for  greater  certainty. 

A complete  electric  transmission  line  extending 
from  the  steam  plant  in  the  city  of  Jackson,  in 
Jackson  County,  Michigan,  to  the  plant  of  the 
Michigan  Portland  Cement  Company,  located  on 
Section  four  (4),  Township  two  (2)  South,  Range  four 
(4)  East,  including  masts,  towers,  poles,  cross-arms,  in- 
sulators, cables,  wires  and  other  high  tension  apparatus 
and  appliances ; also  all  lands,  premises,  easements,  rights 
of  way,  franchises,  grants,  leases,  permits,  licenses,  privi- 
leges, and  other  rights  used,  useful,  or  convenient  in  con- 
nection with  said  electric  transmission  line,  as  acquired  by 
and  granted  to  the  Commonwealth  Power  Company  by 
deeds,  grants  or  other  conveyances  as  appear  of  record  in 
the  Offices  of  the  Registers  of  Deeds  of  the  Counties  of 
Jackson  and  Washtenaw,  Michigan,  to  which  record  refer- 
ence is  hereby  made  for  greater  certainty. 


45 


A complete  electric  transmission  line  extending 
from  the  city  of  Jackson,  Jackson  County,  Michi- 
gan, to  the  Webber  Dam,  so-called,  located  in 
Lyons  Township,  Ionia  County,  Michigan,  including 
masts,  towers,  poles,  cross-arms,  insulators,  cables, 
wires  and  other  high  tension  apparatus  and  appliances; 
also  all  lands,  premises,  easements,  rights  of  way,  fran- 
chises, grants,  leases,  permits,  licenses,  privileges,  and 
other  rights  used,  useful,  or  convenient  in  connection  with 
said  electric  transmission  line,  as  acquired  by  and  granted 
to  the  Commonwealth  Power  Company  by  deeds,  grants 
or  other  conveyances  as  appear  of  record  in  the  Offices 
of  the  Registers  of  Deeds  of  Jackson,  Ingham,  Eaton, 
Clinton  and  Ionia  Counties,  Michigan,  to  which  records 
reference  is  hereby  made  for  greater  certainty. 

The  north  half  (y2)  of  that  part  of  the  southeast  quar- 
ter  (44)  of  Section  Three  (3)  lying  west  of  the  Kalama- 
zoo River,  containing  about  thirty -five  (35)  acres  of  land, 
and  being  all  of  the  west  half  (y2)  of  said  southeast 
quarter  (44)  of  Section  Three  (3)  west  of  the  Kalama- 
zoo River; 

Also  that  part  of  the  northeast  quarter  (44)  of  Sec- 
tion Three  (3)  lying  south  and  west  of  the  Kalamazoo 
River,  said  parcel  being  bounded  on  the  south  by  the 
east  and  west  quarter  line  and  on  the  west  by  the  north 
and  south  quarter  line  of  said  Section  Three  (3) ; 

Also  two  (2)  acres  of  land  in  the  northeast  quarter 
(44)  °f  Section  Three  (3)  described  as  follows:  Com- 
mencing at  a stake  at  the  northwest  corner  of  the  south 
half  (y2)  of  the  northeast  quarter  (44)  of  Section  Three 
(3),  thence  south  on  the.  west  line  of  said  description  to 
the  Kalamazoo  River,  thence  in  a southeasterly  direction 
along  the  bank  of  said  river,  thence  north  to  the  north 
line  of  said  description,  thence  west  to  place  of  beginning. 

Excepting,  however,  certain  timber  rights  and  a right 
of  way  to  the  water  of  the  Kalamazoo  River  over  so 
much  of  said  last  described  two  acre  parcel  as  shall  not 
hereafter  be  flowed  by  the  Commonwealth  Power  Com- 


46 


pany  or  its  assigns,  reserved  by  Daniel  W.  Bowler  and 
Emma  F.  Bowler,  his  wife  in  their  deed  to  Commonwealth 
Power  Company  dated  May  25,  1912. 

Also  that  part  of  the  east  half  (%)  of  the  southeast 
quarter  (%)  of  Section  Thirty-four  (34)  lying  north  of 
the  Kalamazoo  Road;  and  that  part  of  the  southwest 
quarter  (%)  of  the  southwest  quarter  (%)  of  Section 
Thirty-five  (35)  lying  north  of  the  Kalamazoo  Road; 
all  in  Town  Two  (2)  North  of  Range  Thirteen  (13)  West, 
Allegan  County,  Michigan,  containing  sixty-one  and  fifty 
hundredths  (61.50)  acres. 

Commencing  at  a point  eight  rods  east  of  the  east 
line  of  Jackson  Street  in  the  city  of  Jackson  at  the 
northeast  corner  of  Lot  Three  (3)  in  Block  Five  (5) 
North  of  Range  One  (1)  East  in  said  city  of  Jackson, 
thence  south  parallel  with  the  east  line  of  Jackson  Street 
eighty-eight  (88)  feet;  thence  east  to  the  westerly  line 
of  Lot  Thirteen  (13)  of  the  Prison  Reserve,  so  called; 
thence  northerly  on  said  westerly  line  of  said  Lot  Thir- 
teen (13)  to  a point  directly  east  of  said  starting  point; 
thence  west  to  the  place  of  beginning.  Hereby  intending 
to  convey  all  the  land  east  of  the  said  Lot  Three  (3)  and 
the  north  one-third  of  Lot  Two  (2)  in  the  same  Block 
conveyed  to  Zina  Allen  by  George  W.  M.  Shearer  and 
wife  by  deed  recorded  in  Liber  76  of  Deeds  on  page  600, 
and  by  Peter  Standish  and  wife  by  deed  recorded  in  Li- 
ber 98  of  Deeds  on  Pages  455  and  456  and  not  heretofore 
conveyed  to  the  Jackson  Lansing  & Saginaw  Railroad 
Company. 

The  south  nine  (9)  feet  of  the  north  one-third  of  Lot 
Two  (2)  in  Block  Five  (5)  North  of  Range  One  (1)  East 
in  said  city  of  Jackson. 

Eighteen  (18)  acres  of  land  off  of  the  east  side  of  the 
following  pieces  or  parcels  of  land,  to  wit: — The  east 
half  of  the  west  eighty  acres  of  the  north  fraction  of  Sec- 
tion number  twenty-five  (25)  the  same  as  deeded  by  Zach- 
ariah  Grinnells  to  Marcus  L.  McCrumb.  Also  twenty- 
eight  (28)  acres  bounded  east  of  the  west  eighty  acres  of 
the  north  fraction  of  Section  twenty-five  (25)  it  being  all 


4:7 


of  said  fraction  east  of  the  west  eighty  acres  except  twen- 
ty-four (24)  acres  off  the  extreme  end  thereof  deeded  by 
Zachariah  Grinnells  to  Lafayette  Selden  and  also  ex- 
cept ten  acres  off  the  west  side  previously  deeded  by  said 
McCrumb  to  Chas.  York — All  in  Township  Five  (5) 
Range  (5)  West  and  containing  eighteen  acres  of  land. 

Twenty-four  (24)  acres  of  land  off  the  east  end  of 
the  east  fifty-two  acres  of  the  north  fractional  half  of 
Section  number  twenty -five  (25)  in  Township  number 
five  (5)  north  of  Range  five  (5)  west,  that  will  be  flowed 
or  flooded  by  the  erection  of  a dam  or  dams  across  the 
Grand  River  on  or  below  (down  stream)  from  said  land 
to  any  height  desired. 

Excepting  and  reserving  from  the  land  in  this  para- 
graph 4 described  the  following,  viz:  all  those  certain 
pieces  or  parcels  of  land  conveyed  by  the  Commonwealth 
Power  Company  to  Eugene  Dibble  by  deed  dated  March 
25,  1913,  and  recorded  in  Allegan  County  Register’s  office 
April  1,  1913,  in  Liber  194  of  Deeds  at  Page  67.  Also  any 
other  parcel  that  may  have  been  sold  and  conveyed  by  the 
Commonwealth  Power  Company  prior  to  November  25, 
1914. 

By  the  descriptions  of  property  in  this  paragraph  4 
contained,  whether  according  to  government  survey,  by 
metes  and  bounds,  specific  reference  to  lots  and  blocks, 
or  by  reference  to  deeds  or  other  conveyances  to 
the  Commonwealth  Power  Company  and  to  the  records 
thereof,  or  otherwise,  the  Power  Company  includes,  intends 
to  include  and  does  hereby  specifically  include  all  the  prop- 
erty of  every  name  and  nature  described  in  or  covered  by 
the  General  Mortgage  of  the  Commonwealth  Power  Company 
to  the  Harris  Trust  and  Savings  Bank,  Trustee,  dated  as  of 
June  1,  1910,  and  recorded  in  the  office  of  the  Register  of 
Deeds  of  the  following  counties  in  Michigan,  viz : Kalamazoo 
County,  February  18,  1911,  in  Liber  121  of  Mortgages,  begin- 
ning at  page  235;  Allegan  County,  February  15,  1911,  in 
Liber  116  of  Mortgages  beginning  at  page  552;  Calhoun 


48 


County,  February  16,  1911,  in  Liber  150  of  mortgages  begin- 
ning at  page  568;  Eaton  County,  February  18,  1911,  in  Liber 
107  of  Mortgages  beginning  at  page  260;  Ionia  County,  Feb- 
ruary 17,  1911,  in  Liber  123  of  Mortgages  beginning  at  page 
188;  Clinton  County,  February  17,  1911,  in  Liber  116  of 
Mortgages  beginning  at  page  1 ; Ingham  County,  February  17, 
1911,  in  Liber  153  of  Mortgages,  beginning  at  page  1;  Jack- 
son  County,  February  18,  1911,  in  Liber  159  of  Mortgages  be- 
ginning at  page  139,  and  in  Washtenaw  County,  February  18, 
1911,  in  Liber  117  of  Mortgages,  beginning  at  page  340,  and 
all  property  of  every  name  and  nature  described  in  or  covered 
by  all  the  several  mortgages  given  by  the  Commonwealth 
Power  Company  to  the  Harris  Trust  and  Savings  Bank,  Trus- 
tee, supplemental  to  the  General  Mortgage  above  described, 
including  such  supplemental  mortgages  dated  and  recorded  as 
follows,  viz. : Dated  May  6,  1911,  recorded  in  Ingham  County 
Kegister’s  Office  May  15,  1911,  in  Liber  153  of  Mortgages, 
beginning  at  page  148 ; dated  February  28,  1912,  covering  dis- 
tribution system  in  the  city  of  Allegan,  Allegan  County; 
dated  September  23rd,  1912,  covering  property  in  Allegan 
County;  dated  September  23rd,  1912,  covering  property  in 
Ionia  County;  dated  September  23rd,  1912,  covering  property 
in  the  city  of  Kalamazoo,  Kalamazoo  County;  dated  Septem- 
ber 23rd,  1912,  covering  lands  in  Calhoun  County;  dated 
March  13,  1913,  covering  property  in  Ionia  County;  dated 
March  13,  1913,  covering  property  in  Calhoun  County;  dated 
January  15,  1914,  covering  property  in  the  city  of  Jackson, 
Jackson  County;  dated  January  15, 1914,  covering  property  in 
Kalamazoo  County;  dated  January  15,  1914,  covering  prop- 
erty in  the  village  of  Lyons,  Ionia  County ; and  dated  Febru- 
ary 5th,  1914,  covering  land  in  Allegan  County. 

All  and  singular  the  buildings  and  structures,  dams,  reser- 
voirs, bridges,  viaducts,  water  wheels,  breakwaters,  flumes, 
pipe  lines,  sluices,  canals  and  basins,  cribs  and  bulkheads, 
power  plants,  substations,  power  plant  and  substation  ma- 
chinery, apparatus  and  equipment,  boilers,  engines,  genera- 


49 


tors,  machinery  and  equipment,  motors,  electrical  transmis- 
sion and  distribution  systems  and  lines,  telephone  systems 
and  lines,  towers,  masts,  poles,  wires,  lamps,  electrical  appa- 
ratus and  equipment,  overhead  and  underground  construction, 
conduits,  meters,  services,  materials  and  supplies,  tools  and 
appliances,  furniture  and  fixtures,  and  other  property  used 
or  useful  in  connection  with  the  business  of  the  Commonwealth 
Power  Company,  whether  now  owned  or  hereafter  acquired. 


5.  All  the  following  described  pieces  and  parcels  of  land, 
viz : 


Consumers 
Power  Co. 
(Mich.) 


Commencing  at  a point  in  the  south  line  of  Harris  Ave- 
nue in  the  city  of  Charlotte,  where  the  same  intersects  with 
the  line  of  the  right  of  way  of  the  Chicago  and  Grand  Trunk 
Railway  Company;  thence  along  the  south  line  of  Harris 
Avenue  to  a point  sixteen  (16)  rods  west  of  the  eighth 
(north  and  south)  line  of  Section  thirteen  (13)  Township 
No.  2,  North  Range  five  (5)  west  to  the  west  line  of  lands 
owned  by  Edward  A.  Foote ; thence  south  one  hundred  and 
thirty  (130)  feet ; thence  west  to  the  east  line  of  said  right  of 
way;  thence  northeasterly  to  the  place  of  beginning.  Said 
parcel  of  land  being  in  Township  No.  2,  North,  Range  five 
(5)  West,  Eaton  County,  Michigan;  intending  to  convey 
hereby  all  the  property,  real,  personal  and  mixed  formerly 
belonging  to  The  Charlotte  General  Electric  Company,  and 
acquired  by  the  Consumers  Power  Company. 

Commencing  one  hundred  and  twenty-six  and  one-third 
(126  1/3)  feet  north  of  the  southwest  corner  of  Section 
seven  (7),  town  two  (2),  north  of  range  four  (4)  west, 
thence  east  to  a point  due  north  of  center  line  of  block  five 
(5),  city  of  Charlotte,  thence  north  seventy-two  and  one- 
half  (72%)  feet,  thence  west  to  the  west  line  of  Sec- 
tion, thence  south  to  place  of  beginning,  except  the  south 
ten  (10)  feet  in  width,  also  the  right  of  way  of  Cochrane 
Avenue. 

Also  commencing  at  the  center  of  block  five  (5),  east  and 
west,  Charlotte,  eighty-six  feet  and  four  inches  (86'  4") 
north  of  the  south  line  of  section  seven  (7),  town  two  (2) 


50 


north  of  range  four  (4)  west,  thence  east  to  Washington 
Street,  thence  north  one  hundred  and  ten  feet  and  six  inches 
(110'  6"),  thence  west  to  the  center  of  block  five  (5),  thence 
south  to  beginning.  Subject  to  the  right  of  way  of  the  G.  E. 
V.  E.  E.  and  subject  to  the  terms  of  a lease  dated  September 
1,  1910,  between  the  Eastern  Michigan  Power  Company  and 
the  Michigan  Central  Eailroad  Company  to  the  following 
property,  viz : Beginning  at  a point  in  the  southerly  prop- 
erty line  of  said  Eailroad  Company,  one  hundred  seventy- 
one  (171)  feet,  more  or  less,  easterly,  measured  along  said 
property  line,  from  its  intersection  with  the  east  line  of 
Cochrane  Street;  thence  easterly  along  said  property  line, 
twenty  (20)  feet  to  a point;  thence  southeasterly  along 
aforesaid  westerly  property  line,  thirty-eight  and  one-tenth 
(38.1)  feet  to  a point;  thence  northwesterly  fifty-four  and 
six-tenths  (54.6)  feet  to  the  point  of  beginning,  containing 
256  square  feet. 

Complete  distribution  lines  extending  from  the  city  of 
Charlotte  to  the  city  of  Eaton  Eapids,  and  also  said  city  of 
Charlotte  to  the  village  of  Olivet,  including  poles,  cross- 
arms,  insulators,  cables,  wires,  transformers  and  other  ap- 
paratus and  appliances ; also  all  lands,  premises,  easements, 
rights  of  way,  franchises,  grants,  leases,  permits,  licenses, 
privileges,  and  other  rights  used,  useful  or  convenient  in 
connection  with  said  electric  distribution  lines,  however  ac- 
quired, obtained,  or  secured,  and  particularly  such  as  were 
acquired  by  and  granted  to  the  Consumers  Power  Company 
by  deeds,  grants,  or  other  conveyances,  including  deed  made 
by  Eastern  Michigan  Power  Company  dated  February  10, 
1914,  and  recorded  in  Eaton  County  Eegisters  office  on  Feb- 
ruary 24,  1914,  in  Liber  179  of  Deeds  on  Page  113. 

Commencing  at  the  northwest  corner  of  Lot  forty- 
three  (43)  of  Section  five  (5)  in  the  village  of  Shiawassee- 
town,  County  of  Shiawassee,  and  State  of  Michigan,  run- 
ning thence  east  one  hundred  and  thirty- two  (132)  feet, 
thence  south  to  the  Shiawassee  Eiver,  thence  in  a north- 
westerly  course  along  the  bank  of  said  river  to  the  south- 
west corner  of  lot  forty-three  (43)  of  said  section  five  (5), 
thence  north  to  the  place  of  beginning,  together  with  the 
mill  dam  and  water  power. 


51 


All  of  lots  forty  (40),  forty-one  (41)  and  forty-two  (42) 
which  lie  between  Shiawassee  Avenne  and  the  Shiawassee 
River  at  low  water  mark  in  section  five  (5)  of  the  village 
of  Shiawasseetown  according  to  the  recorded  plat  thereof, 
together  with  the  right  of  way  across  lot  thirty-nine  (39) 
in  said  section  five  (5)  for  a tail  race  and  across  any  lands 
formerly  owned  by  Herbert  A.  Sprague  and  Lena  E. 
Sprague  in  section  five  (5)  for  race  to  carry  water  from 
pond  or  dam  adjoining  said  premises  to  buildings  or  ma- 
chinery on  the  above  described  lands,  together  with  the 
power  house,  dam  and  all  construction  work  upon  said  lands, 
including  the  flowage  right  pertaining  to  a ten  foot  dam 
which  is  now  built  and  in  operation  on  said  property. 

All  that  part  of  the  following  described  land,  bounded  on 
the  north  by  land  formerly  owned  by  Hiram  Spear  and  land 
of  Earl  West,  on  the  east  by  the  Shiawassee  River,  on  the 
south  by  land  of  Frank  Whelan  and  west  by  the  highway, 
being  a part  of  the  south  one-half  of  section  number  eleven 
(11),  town  six  (6)  north  of  range  three  (3)  east,  and  con- 
taining in  all  thirty-two  (32)  acres  of  land  occupied  or 
overflowed  by  building  or  raising  the  dam  at  Shiawassee- 
town to  a head  of  fifteen  and  eighty-two  one  hundredths 
(15.82)  feet. 

The  north  forty  (40)  feet  of  the  north  side  of  lot  seven 
(7)  block  eight  (8)  in  the  village  of  Morrice,  except  the 
land  the  village  hall  occupies,  also  the  privilege  of  using 
as  a drive-way  a strip  of  land  eight  (8)  feet  wide  adjoining- 
said  strip  of  land  upon  the  south. 

The  west  fifteen  (15)  feet  of  lot  number  three  (3)  of 
block  number  eight  (8)  of  the  original  plat  of  the  village  of 
Bancroft. 

The  west  thirty  (30)  feet  of  lot  one  (1)  block  twenty- 
five  (25)  of  the  city  of  Corunna. 

Lots  one  (1),  two  (2)  and  three  (3)  Block  one  (1)  of 
Keyte’s  addition  to  the  city  of  Owosso. 

All  the  estates  and  properties,  real,  personal,  and  mixed, 
of  the  Shiawassee  Light  & Power  Company  granted  and 
conveyed  by  deed  of  said  Shiawassee  Light  & Power  Com- 
pany to  the  Consumers  Power  Company  (of  Michigan), 
dated  February  10,  1911,  and  recorded  in  the  Register’s 


52 


office  for  Sliiawassee  County  on  February  21,  1911,  in  Liber 
127  of  Deeds  at  Pages  455  and  456. 

Lots  seventeen  (17),  eighteen  (18),  nineteen  (19), 
twenty  (20),  twenty-one  (21),  twenty-two  (22),  twenty- 
three  (23),  twenty-four  (24),  thirty- three  (33),  thirty-four 
(34),  thirty-five  (35),  thirty-six  (36),  thirty-seven  (37), 
thirty-eight  (38),  thirty-nine  (39),  forty  (40),  forty-one 
(41),  forty-two  (42),  forty-three  (43),  forty-four  (44), 
forty-five  (45),  fifty-four  (54),  fifty-five  (55),  fifty-six  (56), 
fifty-seven  (57),  fifty-eight  (58)  and  fifty-nine  (59)  of  Sec- 
tion four  (4),  all  in  the  Village  of  Shiawasseetown,  Shia- 
wassee County,  Michigan. 

All  that  part  of  the  east  part  of  the  southeast  fractional 
quarter  (14)  Section  eleven  (11)  Township  six  (6)  North 
Range  three  (3)  East,  and  the  north  part  of  the  northeast 
quarter  (14)  of  Section  fourteen  (14) ; land  bounded  on 
the  north  and  east  by  highway,  south  by  land  of  Whelan, 
west  by  river;  being  twelve  and  five-tenths  (12  5/10)  acres. 

All  land  bounded  north  by  land  of  Robert  Galloway 
east  by  river,  south  by  land  of  P.  C.  Carruthers  estate,  west 
by  highway,  in  section  fourteen  (14)  being  fifty-one  (51) 
acres,  all  that  would  be  flowed  by  extending,  building  and 
raising  the  Shiawasseetown  dam  to  a fifteen  (15)  foot 
head. 

All  that  part  of  the  south  half  of  the  north-east 
quarter  of  Section  fourteen  (14),  the  southeast  quarter  of 
Section  fourteen  (14)  east  of  the  Shiawassee  River,  the 
west  half  of  the  southwest  quarter  of  Section  thirteen  (13) 
east  of  the  Shiawassee  River,  all  as  would  be  flowed  by 
extending,  building  and  raising  the  Shiawasseetown  dam 
to  a fifteen  (15)  foot  head. 

All  that  part  of  the  northwest  quarter  of  Section 
twenty-four  (24)  Township  six  (6)  North,  Range  three  (3) 
East,  east  of  Shiawassee  River  as  would  be  flowed  by  ex- 
tending, building  and  raising  the  Shiawasseetown  dam  to  a 
fifteen  (15)  foot  head. 

All  land  that  would  be  flowed  by  extending,  building 
and  raising  the  Shiawasseetown  dam  to  a fifteen  (15)  foot 
head  in  the  northwest  fraction  of  the  northwest  quarter  of 
the  southeast  quarter  Section  eleven  (11)  north  of  land 
owned  by  Wallace. 


53 


All  that  land  bounded  on  the  east  and  north  by  thread 
of  Shiawassee  River,  and  on  the  south  by  metes  and  bounds, 
being  all  that  would  be  flowed  by  extending,  building  and 
raising  the  Shiawasseetown  dam  to  a fifteen  (15)  foot 
head  in  the  southwest  fraction  of  the  southwest  quarter  of 
Section  thirteen  (13)  and  in  the  southeast  quarter  of  Sec- 
tion fourteen  (14)  and  in  the  southeast  quarter  of  the  north- 
west quarter  of  Section  fourteen  (14)  all  west  of  Shiawassee 
River. 

Perpetual  right  and  easement  to  maintain  a line 
of  poles  and  wires  across  the  following  land : Beginning  at 
a point  ten  (10)  rods  east  of  northwest  corner  of  Lot  thir- 
teen (13),  Section  five  (5),  village  of  Shiawasseetown; 
thence  running  in  a northeasterly  direction  following  the 
east  bank  of  Bayou  and  Shiawassee  River  as  contained 
in  conveyance  dated  June  22,  1911,  given  by  Emeline  Mc- 
Call to  the  Consumers  Power  Company,  and  recorded  in  the 
Register  of  Deeds  office  for  Shiawassee  County  on  June 
26,  1911,  in  Liber  I of  Miscellaneous  Records  on  Page  61. 

By  the  descriptions  of  property  in  this  paragraph  5 con- 
tained whether  according  to  government  survey,  by  metes  and 
bounds,  specific  reference  to  lots  and  blocks,  or  by  reference 
to  deeds  or  other  conveyances  to  the  Consumers  Power  Com- 
pany (of  Michigan),  and  to  the  records  thereof,  or  otherwise, 
the  Power  Company  includes,  intends  to  include  and  does 
hereby  specifically  include  all  the  property  of  every  name 
and  nature  described  in  or  covered  by  the  First  Mortgage 
of  the  Consumers  Power  Company  to  the  Harris  Trust  and 
Savings  Bank,  Trustee,  dated  as  of  June  1, 1910,  and  recorded 
in  the  office  of  the  Register  of  Deeds  of  the  following  counties 
in  Michigan,  viz:  Eaton  County,  February  10,  1911,  in  Liber 
107  of  Mortgages  beginning  at  page  231 ; Shiawassee  County, 
February  17,  1911,  in  Liber  122  of  Mortgages  beginning  at 
page  206;  and  all  property  of  every  name  and  nature  de- 
scribed in  or  covered  by  all  the  several  mortgages  given  by 
the  Consumers  Power  Company  to  the  Harris  Trust  and  Sav- 
ings Bank,  Trustee,  supplemental  to  the  First  Mortgage  above 


54 


Economy 

Power 

Company. 


described  including  sucli  supplemental  mortgage  dated  as 
follows,  viz:  December  17,  1912,  covering  property  in  Eaton 
County;  February  11,  1914,  covering  transmission  line  in 
Eaton  County. 

All  and  singular  the  buildings  and  structures,  dams,  reser- 
voirs, bridges,  viaducts,  water  wheels,  breakwaters,  flumes, 
pipe  lines,  sluices,  canals  and  basins,  cribs  and  bulkheads, 
power  plants,  substations,  power  plant  and  substation  machin- 
ery, apparatus  and  equipment,  boilers,  engines,  generators, 
machinery  and  equipment,  motors,  electrical  transmission 
and  distribution  systems  and  lines,  telephone  systems  and 
lines,  towers,  masts,  poles,  wires,  lamps,  electrical  apparatus 
and  equipment,  overhead  and  underground  construction,  con- 
duits, meters,  services,  materials  and  supplies,  tools  and  ap- 
pliances, furniture  and  fixtures,  and  other  property  used  or 
useful  in  connection  with  the  business  of  the  Consumers  Power 
Company  (of  Michigan),  whether  now  owned  or  hereafter- 
acquired. 

6.  All  the  following  described  pieces  and  parcels  of  land, 
and  all  the  land  acquired  by  and  granted  to  the  Economy 
Power  Company  by  deeds,  grants,  or  other  conveyances  made, 
dated  and  recorded  as  follows,  viz : 

Eight  (8)  run  of  stone  water  power  furnished  by 
the  Allegan  Water  Power  Association  by  means  of  its  dam 
and  race  at  the  city  of  Allegan,  being  the  same  run  of  stone 
conveyed  to  William  M.  Eaton  by  the  Allegan  Light  & 
Power  Company  by  deed  dated  September  21,  1911,  and 
recorded  in  the  office  of  the  Register  of  Deeds  of  Allegan 
County  September  21,  1911,  in  Liber  187  of  Deeds,  at  page 
608. 

Also  that  parcel  of  land  formerly  known  as  the  Chaffee 
Mill  property  in  the  city  of  Allegan,  being  bounded  on  the 
north  by  the  Kalamazoo  River,  on  the  east  by  the  west 
line  of  the  lot  sold  by  Samuel  Hubbard  to  Milo  Winslow, 
later  known  as  the  Pike  Mill  Property,  and  now  the  Stratton 
Brothers  Power  House,  on  the  south  by  the  race  or  flume, 
and  on  the  west  by  the  east  line  of  what  was  formerly  known 


55 

as  the  flouring  mill  property,  and  now  known  as  the  Oliver 
and  Company  furniture  factory. 

Also  the  undivided  four  twenty-first  parts  of  the  unnum- 
bered lots  and  of  the  street  marked  as  Prospect  Street  on 
the  map  of  the  village  of  Allegan,  which  lie  between  the 
Kalamazoo  River  on  the  north  and  lots  856,  857,  858  and 
859  of  the  village  of  Allegan  on  the  south. 

Also  all  the  water  power  rights  developed  by  the  dam 
across  the  Kalamazoo  River  at  the  city  of  Allegan  known 
and  designated  as  ten  (10)  run  of  stone  water  power,  such 
water  power  to  be  held  in  common  with  the  other  owners  of 
water  power  developed  by  such  dam  and  subject  to  the  regu- 
lations and  restrictions  imposed  by  the  original  owners  in 
the  grant  thereof. 

Together  with  all  the  rights  in  the  water  power  devel- 
oped by  the  dam  across  the  Kalamazoo  River,  and  in  the 
said  dam  and  the  land  on  which  it  stands,  and  in  the  aban- 
doned street  and  unnumbered  lots  aforesaid  on  the  south 
bank  of  the  River,  and  in  lands  flowed  by  said  dam,  and  the 
right  to  flow  such  lands  thereby,  and  in  the  great  flume 
formerly  belonging  to  the  Allegan  Light  & Power  Company 
and  conveyed  by  said  Allegan  Light  & Power  Company  to 
William  M.  Eaton  by  deed  recorded  in  the  office  of  the 
Register  of  Deeds  of  Allegan  County  on  the  15th  day  of 
September,  1911,  in  Liber  171  of  Deeds,  at  Page  380,  whether 
such  rights  be  by  grant,  prescription,  possession,  adverse 
possession,  occupancy,  or  otherwise. 

Beginning  at  the  north  quarter  post  of  Section 
Seven  (7),  Town  Two  (2)  South,  Range  Seven  (7)  West, 
from  which  the  southwest  corner  of  a house  foundation 
bears  north  thirteen  degrees  fifteen  minutes  (13°  15')  west, 
two  hundred  six  and  one-half  (206%)  links;  also  a twenty- 
seven  (27)  inch  elm,  south  seventy  and  three-fourths  de- 
grees (70%°)  west,  fifty-nine  and  one-fourth  (59%)  links; 
also  a twelve  (12)  inch  willow,  north  thirty-nine  and  three- 
fourths  degrees  (39%°)  east,  one  hundred  forty-one  and 
three-fourths  (141%)  links;  also  twin  black  ash,  south 
thirteen  degrees  thirty  minutes  (13°  30')  east,  eighty-six 
(86)  links;  running  thence  south  fourteen  (14)  chains 
forty-six  (46)  links  along  the  north  and  south  quarter 
line  of  said  Section  to  the  southeast  corner  of  Lot  Thirty- 


56 


nine  (39)  of  4 ‘ East  Battle  Creek,”  according  to  the  recorded 
plat  of  resnrvey  thereof ; thence  at  an  angle  to  the  right 
of  eighty-nine  degrees  fifty-four  minutes  (89°  54'),  nine  and 
forty-nine  hundredths  (9.49)  chains  to  the  center  line  of 
Elm  Street;  thence  at  an  angle  of  eighty-eight  degrees 
thirty  minutes  (88°  30')  to  the  right,  along  the  center  line 
of  said  street,  nine  and  sixty  hundredths  (9.60)  chains  to 
angle  in  same  on  the  south  bank  of  the  Battle  Creek 
stream;  thence  at  an  angle  of  thirty-three  minutes  (0°  33') 
to  the  left,  along  the  center  line  of  said  Elm  Street,  ninety- 
one  (91)  links  to  the  center  of  said  Battle  Creek  stream; 
thence  northeasterly,  along  the  center  of  said  stream,  seven 
(7)  chains,  forty-five  (45)  links,  more  or  less,  to  the  north 
line  of  said  Section;  thence  east  along  said  Section  line, 
three  (3)  chains  ninety  (90)  links,  to  the  place  of  beginning; 
excepting  and  reserving  the  west  two  (2)  rods  (the  same 
being  a part  of  Elm  Street) ; being  all  that  part  of  Lots 
Thirty-nine  (39)  and  Forty  (40)  of  the  recorded  plat  of 
“ Resurvey  of  East  Battle  Creek”  as  located  by  Harlan  K. 
Whitney,  Civil  Engineer,  lying  east  of  Elm  Street,  and  con- 
taining twelve  and  sixty-hundredths  (12.60)  acres,  more  or 
less ; 

Beginning  at  the  north  quarter  post  of  said  Section 
seven  (7) ; running  thence  south  along  the  north  and  south 
quarter  line  of  said  Section,  twenty- two  (22)  chains  and 
three  (3)  links,  to  the  north  line  of  Harper’s  Addition  to 
Battle  Creek  (being  also  the  north  line  of  Nichols  Street) ; 
thence  at  right  angles  to  said  quarter  line  easterly  along 
said  north  line  of  Nichols  Street,  three  (3)  chains  eighteen 
(18)  links;  thence  north  parallel  with  said  quarter  line, 
twenty-two  (22)  chains  and  one  (1)  link,  to  a point  on  the 
north  line  of  said  Section,  from  which  a twelve  (12)  inch 
willow  bears  north  eight  degrees  (8°)  west,  seventy-two 
and  three-eighths  (72%)  links;  also  a six  (6)  inch  soft 
maple,  south  eighty-five  degrees  thirty  minutes  (85°  30') 
east,  twenty-two  and  three-fourths  (22%)  links  distant 
(said  point  being  also  fifteen  and  one-half  (15%)  links  east 
at  right  angles  from  a north  and  south  fence) ; thence 
west  at  an  angle  of  eighty-nine  degrees  forty-five  minutes 
(89°  45')  to  the  left,  along  said  section  line,  three  (3) 


57 


chains,  eighteen  (18)  links  to  the  place  of  beginning,  con- 
taining seven  (7)  acres  of  land; 

Excepting  and  reserving  from  the  next  above  de- 
scribed two  parcels  of  land  to  the  owners  of  Lot  Thirty- 
eight  (38)  of  the  original  plat  of  East  Battle  Creek  and 
to  the  owners  of  the  premises  to  the  east  of  and  immedi- 
ately adjoining  the  land  hereby  conveyed  and  as  appurte- 
nant to  said  Lot  Thirty-eight  (38)  and  said  premises  ad- 
joining on  the  east,  the  right  to  forever  use  under  reason- 
able regulations  for  switching  purposes  only  one  railway 
side  track  to  be  built  across  said  land  by  the  owners  thereof 
or  by  the  Michigan  Central  Railroad  Company,  or  other- 
wise, where  the  Power  Company  directs  and  parallel  with 
the  south  line  of  said  Lot  Thirty-eight  (38). 

All  the  rights,  powers,  premises,  and  pieces  and 
parcels  of  land  in  the  city  of  Battle  Creek  conveyed  to 
William  M.  Eaton  by  The  Power  Company,  Limited,  a lim- 
ited partnership  association,  by  deed  dated  the  16th  day 
of  March,  1911,  and  recorded  in  the  office  of  the  Register 
of  Deeds  of  Calhoun  County  on  the  7th  day  of  November, 
1911,  in  Liber  229  of  Deeds  at  Page  249,  and  following. 

All  those  rights  in  water  power  in  the  city  of  Battle 
Creek,  Calhoun  County,  Michigan,  and  interests  in  land  in 
and  near  said  city  of  Battle  Creek  described  as  follows : 

The  right  of  taking  and  using  from  the  Battle  Creek 
Mill  Canal  so  much  water  as  shall  be  equal  to  a column  of 
water  of  the  size  of  one  hundred  and  seventy-six  (176) 
square  inches  under  a pressure  of  ten  feet,  to  be  taken  from 
said  canal  and  employed  at  any  point  along  said  canal: 

Also  the  right  of  taking  and  using  sufficient  water  from 
said  canal  to  propel  one  run  of  mill  stones  of  the  diameter 
of  four  feet  and  eight  inches,  for  flouring  with  the  requisite 
machinery,  the  same  being  the  first  right  of  the  use  of 
water  in  connection  with  the  right  of  use  for  seven  other 
run  of  mill  stones  for  flouring,  each  of  the  same  diameter 
with  the  requisite  machinery: 

Also  the  right  of  taking  and  using  from  said  canal  so 
much  of  the  water  flowing  therein  as  will  be  sufficient  to 
propel  one  run  of  mill  stones  for  flouring  of  four  feet  eight 
inches  in  diameter  with  the  requisite  machinery,  after  suffi- 


58 


cient  water  be  drawn  from  said  canal  to  propel  sixteen  and 
one-half  (16%)  run  of  stones  for  flouring  of  the  diameter 
last  aforesaid,  with  the  requisite  machinery;  the  said  six- 
teen and  one-half  (16%)  run  of  stone  being  entitled  to  be 
served  with  water  from  said  canal  in  preference  to  the 
last  mentioned  run  and  to  the  exclusion  thereof,  if  neces- 
sary, excepting  and  reserving  from  the  above  rights  of  using 
water  from  said  Battle  Creek  Mill  Canal,  the  right  of  taking 
and  using  sufficient  water  from  said  canal  to  propel  one- 
half  of  one  run  of  mill  stones  of  the  diameter  of  four  feet 
and  eight  inches  conveyed  by  William  Wallace  to  John 
Nichols,  David  Shepard,  and  Charles  Shepard,  on  or  about 
the  first  day  of  January,  1850,  to  be  used  on  Lot  number 
thirty-five  (35),  Range  of  Blocks  number  two  (2)  in  said 
city  of  Battle  Creek;  together  with  a proportionate  interest 
in  the  dam  across  the  Kalamazoo  River  on  Section  twelve 
(12),  Town  two  (2)  South,  Range  eight  (8)  West,  and  the 
land  on  which  it  stands,  and  in  all  the  land  on  sections 
twelve  (12)  and  thirteen  (13)  in  said  Township,  which 
can  be  flowed  by  a dam  twelve  feet  high  at  the  site  of  said 
dam,  and  in  the  right  to  flow  all  the  land  that  can  be  flowed 
on  Section  eighteen  (18)  in  said  Township  by  such  a dam, 
and  in  the  strip  of  land  seven  rods  wide  embracing  the  Bat- 
tle Creek  Mill  Canal,  and  extending  from  the  southwesterly 
line  of  the  village  plat  (being  eight  (8)  rods  southwesterly 
of  and  parallel  with  Jackson  Street)  to  the  head  of  the 
canal.  Intending  hereby  to  convey  the  same  rights  and 
premises  conveyed  to  William  M.  Eaton  by  Martha  B.  War- 
den, in  her  own  right  and  as  guardian  of  Helen  Luana 
Caldwell  and  Cholett  B.  Caldwell,  by  deed  dated  June  15th, 
1912,  and  recorded  in  the  office  of  the  Register  of  Deeds  of 
Calhoun  County,  Michigan,  in  Book  232  of  Deeds  on  Page 
211. 

So  much  of  that  parcel  of  land  described  as  a strip 
of  land  twenty-three  (23)  links  in  width  off  the  north- 
westerly side  of  lot  number  ninety- three  (93)  and  so  much 
of  lot  number  ninety-two  (92)  as  lies  southwesterly  of  a 
line  commencing  on  the  southwesterly  side  of  Jackson 
Street  two  hundred  fifty-one  and  twenty-seven  hundredths 
(251.27)  feet  measured  along  Jackson  Street  north- 
westerly from  the  northwesterly  line  of  Jefferson  Avenue 


59 


South,  all  in  Range  of  Blocks  number  two  (2)  ac- 
cording to  the  map  of  the  village  of  Battle  Creek,  and  be- 
ing the  same  land  set  over  to  Emily  K.  Taft  by  Commis- 
sioners in  partition  in  the  estate  of  Richmond  Kingman, 
and  conveyed  to  said  Emily  K.  Taft  by  Howard  R.  King- 
man,  Executor  and  Trustee,  and  Brainard  T.  Skinner,  Ad- 
ministrator with  the  Will  annexed  of  Richmond  Kingman, 
deceased,  by  deed  dated  July  3rd,  1906,  and  recorded  Sep- 
tember 27th,  1906,  in  Book  199  of  Deeds,  page  167,  as  lies 
southwesterly  of  a line  parallel  with  Jackson  Street,  and 
distant  one  hundred  eight  (108)  feet  southwesterly  from 
the  southwesterly  side  of  said  Jackson-  Street;  Reserving 
to  Emily  K.  Taft  a right  of  way  along  a strip 
of  land  eight  (8)  feet  wide  off  of  the  northeasterly  end  of 
the  land  conveyed  and  conveying  a right  of  way  over  a 
strip  of  land  eight  (8)  feet  wide  off  of  the  south- 
westerly end  of  that  remaining  to  the  said  Emily 
K.  Taft  in  deed  dated  July  16tli,  1912,  and  recorded  in 
Calhoun  County  Register  of  Deeds  office  on  July  19th,  1912, 
in  Liber  237  of  Deeds  on  page  199,  which  together  make  a 
strip  of  land  sixteen  (16)  feet  in  width— the  center  of 
which  is  said  line  parallel  with  and  one  hundred  eight  (108) 
feet  distant  from  Jackson  Street.  Said  strip  of  land  six- 
teen (16)  feet  in  width  to  be  used  in  common  by  William 
M.  Eaton  and  Emily  K.  Taft,  their  respective  heirs  and  as- 
signs forever,  for  access  to  their  respective  premises  and 
to  be  kept  open  and  unencumbered  with  any  building  or 
other  structure  or  things  which  will  prevent  passage  over 
the  same  on  foot  or  with  vehicles ; being  the  same  premises 
conveyed  to  William  M.  Eaton  by  Clyde  J.  Holmes  and 
Dora  V.  Holmes,  his  wife,  by  deed  dated  August  5,  1912, 
and  recorded  in  the  office  of  the  Register  of  Deeds  of  Cal- 
houn County,  Michigan,  in  Book  236  of  Deeds,  on  Page 
46. 

A strip  of  land  eight  (8)  feet  wide  by  one  hundred 
eight  (108)  feet  long  as  follows;  Beginning  on  the  south- 
westerly line  of  Jackson  Street  at  a point  distant  two  hun- 
dred fifty-one  and  twenty-nine  hundredths  (251.29)  feet 
northwesterly  along  same  from  the  northwesterly  line  of 
Jefferson  Avenue  South,  said  point  being  marked  by  an 
iron  stake;  running  thence  southwesterly  along  the  north- 
westerly line  of  the  Taft  property,  and  at  right  angles  to 


60 


Jackson  Street,  one  hundred  eight  (108)  feet;  thence 
northwesterly  parallel  with  Jackson  Street  eight  (8)  feet; 
thence  northeasterly  at  right  angles  to  Jackson  Street  one 
hundred  eight  (108)  feet  to  said  street  line;  thence  south- 
easterly along  the  same  eight  (8)  feet  to  the  place  of  be- 
ginning. 

Beginning  on  the  center  line  of  a railway  spur 
track  at  a point  one  hundred  eight  (108)  feet  distant  south- 
westerly at  right  angles  from  a point  on  the  southwesterly 
line  of  Jackson  Street,  three  hundred  ninety  and  nine- 
teen hundredths  (390.19)  feet  distant  northwesterly  along 
said  street  line  from  the  northwesterly  line  of  Jefferson 
Avenue  South;  running  thence  southeasterly  parallel  with 
Jackson  Street  one  hundred  thirty-eight  and  nine-tenths 
(138.9)  feet  to  the  southerly  corner  of  said  land  in  the  next 
preceding  paragraph  described ; thence  southwesterly  along 
northwesterly  line  of  Taft  property,  and  at  right 
angles  with  Jackson  Street,  one  hundred  twenty- 
seven  (127)  feet  to  the  center  of  the  Kalamazoo  Biver 
thence  northwesterly  along  the  center  of  said  river  one 
hundred  fifteen  (115)  feet,  more  or  less,  to  the  center  line 
of  said  railway  spur  track  which  said  line  of  railway,  ex- 
tended southwesterly,  intersects  the  northeasterly  line  of 
Hamblin  Avenue  at  a point  distant  three  hundred  six  and 
one-tenth  (306.1)  feet  northwesterly  along  said  street  line 
from  the  northwesterly  line  of  Jefferson  Avenue  South;  and 
if  extended  northeasterly  would  intersect  the  southwesterly 
line  of  Jackson  Street  at  a point  distant  four  hundred 
fifteen  and  twenty-five  hundredths  (415.25)  feet  northwes- 
terly along  said  street  line  from  said  northwesterly  line  of 
Jefferson  Avenue  South;  thence  northeasterly  along 
said  center  line  of  said  railway  eighty-two  (82>* 
feet,  more  or  less,  to  point  of  curve  forty  (40)  feet  south- 
westerly from  place  of  beginning;  thence  northeasterly  on 
a curve  to  the  right  of  six  hundred  sixty-one  and  seven- 
tenths  (661.7)  feet  radius  forty  (40)  feet  to  the  place  of 
beginning,  containing  fifteen  thousand  nine  hundred  nine- 
ty-four (15,994)  square  feet  of  land  as  computed  to  the 
center  of  said  river,  reserving,  however,  a right 
of  way  over  a strip  of  land  eight  (8)  feet  wide  of  that 
conveyed,  and  conveying  a right  of  way  over  a strip  of 
land  eight  (8)  feet  wide  of  that  remaining  to  Charles  W. 


61 


Post,  making  together  a strip  of  land  sixteen  (16)  feet 
wide,  the  center  line  of  which  begins  on  Jackson  Street  at 
a point  eight  (8)  feet  east  of  said  Taft  boundary,  and  ex- 
tends southwesterly  parallel  with  said  Taft  boun- 
dary one  hundred  eight  (108)  feet,  and  thence  northwester- 
ly parallel  with  Jackson  Street  to  the  center  of  said  rail- 
way spur  track.  Said  strip  of  land  sixteen  (16)  feet  wide 
to  be  used  in  common  and  forever  by  Charles  W.  Post 
and  William  M.  Eaton,  their  heirs,  successors  and  assigns, 
as  an  alley  and  for  all  purposes  of  ingress  and  egress  for 
foot  passage  and  with  vehicles,  and  to  be  forever  kept 
open  and  unobstructed  of  any  structures  or  erections 
which  will  interfere  with  such  use.  Reserving  also  for- 
ever the  right  of  way  and  easment  to  maintain 
such  railway  spur  track  along  said  northwesterly  boun- 
dary and  conveying  like  right  of  way  and  easement  over 
the  premises  of  Charles  W.  Post  adjoining  said  railway 
spur.  Conveying  also  the  easement  and  right  forever  to 
maintain  such  railway  as  it  now  exists,  from  the  respec- 
tive premises  of  Charles  W.  Post  and  William  M.  Eaton, 
their  heirs,  successors  and  assigns,  to  its  junction  with  the 
main  line  of  the  railway  of  the  Grand  Trunk  Western 
Railway,  to  the  full  extent  that  said  Charles  W.  Post  owns 
or  controls  the  same:  To  the  end  that  said  railway  spur 
track  may  be  forever  maintained  for  the  joint  use  and 
benefit  of  the  parties,  their  heirs,  successors  and  assigns, 
owning  said  respective  parcels;  being  the  same  premises 
conveyed  to  William  M.  Eaton  by  Charles  W.  Post  by  deed 
dated  May  15,  1912,  and  recorded  in  the  office  of  the  Regi- 
ster of  Deeds  of  Calhoun  County,  Michigan,  in  Book  232 
of  Deeds,  on  page  215. 

That  parcel  of  land  in  the  city  of  Battle  Creek  and 
being  part  of  the  northwest  quarter  (NW14)  of  Section 
five  (5),  Town  two  (2)  South,  Range  seven  (7)  West,  de- 
scribed as  commencing  at  a point  south  39°  16'  west  (which 
bearing  makes  an  angle  of  39°  2'  with  the  north  and  south 
quarter  line)  six  hundred  forty-four  and  nine-tenths  (644.9) 
feet  from  the  north  quarter  post  of  said  Section  five  (5) ; 
running  thence  south  46°  15'  west  (in  a line  parallel  with 
and  about  twenty-five  (25)  feet  northwesterly  of  the  crest 
of  the  present  dam,  measured  at  right  angles  to  said  crest) 


G 2 


four  hundred  seventy-eight  (478)  feet;  thence  south  4° 
east  two  hundred  thirty-seven  and  two-tenths  (237.2)  feet; 
thence  north  85°  45'  east  one  hundred  seventy-one  and  one- 
tenth  (171.1)  feet  to  the  Battle  Creek  stream;  thence  north 
23°  29'  west  one  hundred  eighty-one  and  three-tenths 
(181.3)  feet,  up  stream  along  said  creek;  thence  north 
50°  31'  east  two  hundred  eighty-seven  and  five-tenths 
(287.5)  feet;  thence  north  2°  6'  east  two  hundred  five  and 
four-tenths  (205.4)  feet  to  the  place  of  beginning,  being 
part  of  land  conveyed  to  Charles  H.  May  by  James  E. 
Botsford  and  wife  by  deed  dated  February  10,  1912,  re- 
corded in  Book  229  of  Deeds,  on  page  392,  in  Calhoun 
County  Register’s  Office. 

All  the  right  to  set  back  and  flow  with  the 
water  of  the  Battle  Creek  Stream,  lands  on  Sections 
twenty-one  (21),  twenty-eight  (28),  twenty-nine  (29)  and 
thirty-two  (32)  in  Pennfield  Township,  as  reserved  by  Ezra 
Convis  or  acquired  by  him  of  Adin  Dinsmore,  John  S.  Hol- 
liday, Avery  Lamb,  Jabez  Lamb,  Samuel  Convis  and  others, 
and  all  rights  of  flowage  by  settling  back  the  water  of  the 
Battle  Creek  Stream  by  the  dam  at  Verona,  which  were 
vested  in  William  Merritt  in  his  lifetime  and  acquired  by 
him  by  grant,  use  or  possession.  With  the  right  to  develop, 
use  and  enjoy  on  said  parcel  of  land,  all  the  water  power 
of  the  Battle  Creek  Stream,  and  to  cut  off  the  flow  of  the 
water  through  the  race-way  or  canal,  as  now  existing  and 
to  withhold  the  same  from  the  mill  situate  south  of  the  land 
hereby  conveyed. 

Also  right  of  way  for  ingress  and  egress  over  a 
strip  of  land  described  as  follows : Beginning  at  the 
southwest  (SW)  corner  of  parcel  of  land  first  above  de- 
scribed, and  running  thence  south  ninety-five  (95)  feet,  more 
or  less,  to  the  north  line  of  Emmett  Street;  thence  west  on 
Emmett  Street  twenty  (20)  feet;  thence  north  on  a line 
parallel  with  and  fifty-four  (54)  feet  east  of  west  line  of  the 
land  of  said  Charles  H.  May  one  hundred  fifteen  (115)  feet; 
thence  east  to  the  parcel  of  land  first  above  described; 
thence  south  along  the  line  of  that  land  to  place  of  beginning. 

Beginning  at  a point  on  the  easterly  line  of  St.  Johns 
Street  in  the  city  of  Flint  eight  hundred  (800)  feet  south- 
erly from  the  northwest  corner  of  block  thirty-three  (33), 


a 


o 

*> 


Oak  Park  sub-division  of  part  of  sections  one  (1)  and  two 
(2),  Smith’s  Reservation;  running  thence  easterly  at  right 
angles  with  St.  Johns  Street  to  the  westerly  bank  of  the 
Flint  River;  thence  northerly  along  the  westerly  bank  of 
Flint  River  to  the  northerly  line  of  block  thirty-three  (33) ; 
thence  westerly  along  the  northerly  line  of  said  block  thirty- 
three  (33)  to  the  northwest  corner  of  said  block  thirty- 
three  (33) ; thence  southerly  along  the  easterly  line  of  St. 
Johns  Street  to  place  of  beginning;  together  with  the  ease- 
ment and  right  to  construct  and  maintain  a side  track  or 
spur  extending  from  the  side  track  of  the  Pere  Marquette 
Railway  now  located  east  of  the  Axle  Work’s  build- 
ing on  said  block  thirty- three  (33)  in  a north- 
easterly direction  in  a line  not  less  than  ninety-three 
and  ninety -five  one  hundredths  (93  95/100)  feet  from  the 
east  line  of  St.  Johns  Street  and  across  that  part  of  said 
block  thirty- three  (33)  lying  south  of  the  south  line  of  the 
above  described  land;  except  the  easement  and  right 
to  use  and  occupy  for  park,  boulevard  or  street 
purposes  granted  by  the  Eastern  Michigan  Power 
Company,  a corporation,  to  the  City  of  Flint,  by  deed 
dated  the  26th  day  of  October,  A.  D.,  1909,  and 
recorded  in  Register  of  Deeds  office  Genesee  County, 
Michigan,  on  December  11,  1909,  in  Book  198  of  Deeds  at 
page  91,  the  piece  or  parcel  of  land  over  which  such  ease- 
ment was  granted  being  described  in  the  grant  thereof  as ; 

‘ ‘ Beginning  at  a monument  in  the  north  city  limits  line 
sixty-three  and  three-tenths  (63.3)  feet  easterly  of  its  inter- 
section with  the  easterly  line  of  St.  Johns  Street;  thence 
south  fifty-two  (52)  degrees  nineteen  (19)  minutes  west, 
one  hundred  and  twenty  and  eight-tenths  (120.8)  feet  to  a 
stake;  thence  south  twenty  (20)  degrees  thirty-nine  (39) 
minutes  west,  eighty-nine  and  twenty-five  one  hundredths 
(89.25)  feet;  thence  south  thirty-six  (36)  degrees  nine  (9) 
minutes  west  one  hundred  and  fifteen  and  five  one-hun- 
dredths (115.05)  feet;  thence  south  nine  (9)  degrees  forty- 
two  (42)  minutes  west,  two  hundred  and  eighty  and  eighty- 
five  one  hundredths  (280.85)  feet;  thence  south  one  (1)  de- 
gree no  (0)  minutes  west,  to  a point  in  the  southerly  line 
of  property  formerly  deeded  to  the  Eastern  Michigan  Power 
Company  by  the  Durant-Dort  Carriage  Company;  thence 


64 


south  sixty-nine  (69)  degrees  four  (4)  minutes  east,  fifty 
(50)  feet  along  said  line  to  the  water’s  edge  of  Flint  River 
at  medium  low  water;  thence  northerly  along  said  water’s 
edge  to  its  intersection  with  the  north  city  limits  line; 
thence  north  seventy-two  (72)  degrees  nineteen  (19)  min- 
utes west,  fifty  (50)  feet  along  said  line  to  the  place  of 
beginning,  all  in  block  thirty- three  (33)  of  Oak  Park  Divi- 
sion of  the  city  of  Flint,  Genesee  County,  Michigan,  re- 
serving all  riparian  rights  to  the  center  of  said  Flint  River, 
also  the  right  to  overhang  with  necessary  wires  and  go 
underground  with  necessary  intake  and  discharge  pipes 
and  other  pipes.” 

A strip  of  land  nine  and  one-half  (9y2)  feet  in 
width,  beginning  at  a point  on  the  easterly  line  of  St.  Johns 
Street  in  the  city  of  Flint  eight  hundred  (800)  feet  south- 
erly from  the  northwest  corner  of  Block  Thirty-three  (33), 
Oak  Park  Subdivision  of  part  of  Sections  One  (1)  and 
Two  (2)  Smith’s  Reservation,  Genesee  County,  Michigan, 
according  to  the  recorded  plat  thereof ; thence  running 
southerly  along  said  easterly  line  of  St.  Johns  Street  nine 
and  one-half  (9%)  feet;  thence  easterly  at  right  angles  with 
said  St.  Johns  Street  to  the  western  bank  of  Flint  River; 
thence  northerly  along  the  westerly  bank  of  Flint  River 
nine  and  one-half  (9%)  feet;  thence  westerly  at  right  angles 
with  St.  Johns  Street  to  the  place  of  beginning; 
subject,  however,  to  an  easement  granted  by  said  East- 
ern Michigan  Power  Company  to  the  City  of  Flint  under 
date  of  December  7,  1912,  to  use  and  occupy  for  park, 
boulevard,  or  street  purposes  that  part  of  the  above  prop- 
erty described  as  follows:  4 ‘Beginning  at  a point  on  the 
water’s  edge  of  the  west  side  of  Flint  River  at  medium  low 
water  at  right  angles  with  a point  on  the  easterly  line  of 
St.  Johns  Street  eight  hundred  (800)  feet  southerly  and 
along  the  easterly  line  of  St.  Johns  Street  from  the  north- 
west corner  of  Block  Thirty-three  (33)  of  Oak  Park  Sub- 
division of  part  of  Sections  One  (1)  and  Two  (2),  Smith’s. 
Reservation,  Genesee  County;  running  thence  westerly  in 
a line  at  right  angles  with  St.  Johns  Street  fifty  (50)  feet; 
thence  southerly  parallel  with  St.  Johns  Street  nine  and 
one-half  (9%)  feet;  thence  easterly  in  a line  at  right  angles 


65 


with  St.  Johns  Street  to  the  water’s  edge  of  Flint  river  at 
medium  low  water;  thence  northerly  along  said  water’s 
edge  to  the  place  of  beginning,  all  in  Block  Thirty- three  (33) 
of  Oak  Park  Subdivision  of  part  of  Sections  One  (1)  and 
Two  (2),  Smith’s  Reservation,  Genesee  County,  Michigan.” 

The  southwest  quarter  of  the  northeast  quarter  and 
the  northwest  quarter  of  the  southeast  quarter  of  section 
fifteen  (15)  town  twenty-four  (24)  north,  range  seven  (7) 
east,  except  the  right  reserved  by  the  Iosco  Land  Company 
described  as  follows : ‘ ‘ Reserving  to  the  grantor,  its  succes- 
sors and  assigns,  exclusive  and  perpetual  right  to  flow  over 
and  upon  so  much  of  the  said  northwest  quarter  of  the  south- 
east quarter  of  Section  fifteen  (15)  township  twenty -four 
(24)  north,  range  seven  (7)  east  with  the  waters  of  and  in 
the  Au  Sable  River  and  from  any  and  all  of  its  tributaries  as 
may  be  flowed  by  the  erection  and  maintenance  of  a dam 
thirty-five  (35)  feet  or  thereabouts  in  height  above  the  mean 
low  water  mark  in  said  river  across  said  river  at  a point  on 
said  river  within  forty  (40)  rods  of  where  it  crosses  the 
line  between  sections  thirty-four  (34)  and  thirty-five  (35) 
township  twenty-four  (24)  north,  Range  eight  (8)  east, 
provided  such  flow  will  not  raise  the  water  in  the  Au  Sable 
River  immediately  below  the  dam  now  located  on  the  lands 
hereby  conveyed  above  its  natural  state,  or  in  any  manner 
or  to  any  extent  decrease  the  fall  of  the  water  in  said  river 
over  said  last  mentioned  dam.  ’ ’ 

The  southwest  quarter  of  the  southeast  quarter,  and 
the  southeast  quarter  of  the  southwest  quarter  of  Section 
Twenty-three  (23)  of  Township  Twenty-four  (24)  North. 
Range  Six  (6)  East,  excepting  the  exclusive  and  perpetual 
right  to  flow  over  and  upon  so  much  of  said  land  with  the 
waters  of  and  in  the  Au  Sable  River  and  from  any  and  all 
of  its  tributaries  as  may  be  flowed  by  the  erection  and 
maintenance  of  a dam  across  the  Au  Sable  River  at  as 
near  right  angles  to  the  thread  thereof  as  may  be  practi- 
cable, the  center  of  the  dam,  measuring  up  and  down 
stream,  to  be  at  a point  in  the  middle  of  the  main  channel 
of  the  stream  within  thirty  (30)  rods  of  where  the  Au 
Sable  River  crosses  the  north  and  south  center  line  of  the 
northwest  quarter  of  the  southeast  quarter  of  Section  Fif- 
teen (15),  Township  Twenty-four  (24)  North,  Range  Seven 


66 


(7)  East,  provided  sncli  flow  will  not  raise  the  water  in  the 
Au  Sable  River  immediately  below  the  dam  now  located 
on  the  lands  hereby  conveyed  above  its  natural  state,  or  in 
any  manner  or  to  any  extent  decrease  the  fall  of  the  water 
in  said  River  over  said  last  mentioned  dam. 

The  northeast  quarter  (NE*4)  of  the  northwest 
quarter  (NW1^)  and  the  west  half  (W%)  of  the  north- 
west quarter  (NWy4)  of  Section  twenty-one  (21)  in  Town- 
ship twenty-four  (24)  North  of  Range  six  (6)  East;  ex- 
cepting the  exclusive  and  perpetual  right  to  flow  over 
and  upon  so  much  of  said  land  with  the  waters  of  and  in 
the  Au  Sable  River  and  from  any  and  all  of  its  tributaries 
as  may  be  flowed  by  the  erection  and  maintenance  of  a dam 
across  the  Au  Sable  River  at  as  near  right  angles  to  the 
thread  thereof  as  may  be  practicable,  the  center  of  the 
dam,  measuring  up  and  down  stream,  to  be  at  a point  in 
the  middle  of  the  main  channel  of  the  stream  within  thirty- 
two  (32)  rods  of  where  the  Au  Sable  River  crosses  the  east 
line  of  the  southeast  quarter  (SE^4)  of  the  southwest 
quarter  (SW1^)  of  Section  twenty-three  (23),  Township 
twenty-four  (24)  North,  Range  six  (6)  East,  Provided 
such  flow  will  not  raise  the  water  in  the  Au  Sable  River 
immediately  below  the  dam  now  located  on  the  lands  here- 
by conveyed  above  its  natural  state  or  in  any  manner  or 
to  any  extent  decrease  the  fall  of  the  water  in  said  river 
over  said  last  mentioned  dam. 

Lots  two  (2),  three  (3),  four  (4),  five  (5),  six  (6), 
seven  (7),  eight  (8),  nine  (9)  and  ten  (10).  A strip  of 
land  one  (1)  rod  long  north  and  south  oft  the  north 
end  of  the  east  half  (E%)  of  Lot  (1),  and  a strip  of  land 
twenty-seven  (27)  feet  in  length  north  and  south  off  the 
north  end  of  the  west  one-half  (W%)  of  lot  one  (1).  Lot 
“N”,  except  seven  (7)  rods  north  and  south  off  the  south 
end. 

All  on  Harris  plat  of  Union  Addition  to  the  city  of 
Kalamazoo. 

Also  all  the  right,  title  and  interest  of  the  Power  Com- 
pany in  and  to  a strip  of  land  lying  north  of  said 
lots  six  (6),  seven  (7),  eight  (8),  nine  (9)  and  ten  (10)  as 
shown  on  said  Harris  plat  and  south  of  the  Michigan  Cen- 
tral Railroad. 


67 


Also  all  the  right,  title  and  interest  of  the  Power 
Company  in  and  to  the  strip  of  land,  if  any,  between  said 
lot  “N”  and  the  right  of  way  of  the  Michigan  Central 
Railroad. 

Also  part  of  the  northeast  fraction  of  Section  fifteen 
(15)  Town  two  (2)  South,  Range  eleven  (11)  West,  boun- 
ded on  the  north  by  the  right  of  way  of  the  Michigan  Cen- 
tral Railroad,  on  the  west  by  the  Kalamazoo  River,  on 
the  south  by  an  artificial  channel  cut  for  said  river  and  on 
the  east  by  said  Harris  plat  of  Union  Addition,  and  being 
marked  “A”  on  said  plat. 

An  irregular  piece  of  land  in  the  city  of  Pontiac  on 
Outlot  nineteen  (19)  of  the  northeast  quarter  of  section 
thirty-two  (32),  town  three  (3)  north,  range  ten  (10)  east, 
bounded  northeast  and  east  by  the  southwesterly  line  of 
the  right  of  way  of  the  Detroit,  Grand  Haven  & Milwaukee 
Railway  Company  and  the  section  line  between  sections 
thirty- two  (32)  and  thirty- three  (33)  of  said  town  and 
range ; and  on  the  southwesterly  side  by  the  Franklin  Road, 
as  the  same  is  now  laid  out. 

Part  of  the  southwest  quarter  of  section  thirty-three 
(33),  in  town  three  (3)  north,  range  ten  (10)  east,  bounded 
north  by  the  east  and  w^est  quarter  line  of  said  section 
thirty-three  (33),  west  by  the  easterly  line  of  the  Frank- 
lin Road ; and  southeasterly  by  the  northerly  line  of  Rapid 
Street  and  the  northerly  line  of  Rapid  Street  as  now  ex- 
tended. 

All  that  part  of  the  west  half  (y2)  of  the  northwest 
quarter  (^4)  of  section  thirty-three  (33)  in  town  three  (3) 
north,  range  ten  (10)  east,  which  lies  west  of  the  center 
line  of  the  Detroit,  Grand  Haven  & Milwaukee  Railwa7~ 
(excepting  the  right  said  railway  has  for  running  its  road 
on  part  of  said  land,  and  the  right  of  a highway  on  the  west 
side  of  said  land.) 

Also  the  right  jointly  with  the  General  Motors  Com- 
pany of  Michigan  to  construct,  lay,  maintain,  and  use 
water  and  sewer  crock  or  pipes  in,  along,  and  through 
the  alley  on  the  northerly  side  of  Pulford’s  Addition  from 
the  intersection  of  said  alley  with  Franklin  Road  in  a 
southwesterly  direction  to  Clinton  River. 

All  the  right,  title  and  interest  in  and  to  a cer- 


68 


tain  contract  or  agreement  dated  July  1,  1913  between 
Grand  Rapids  Railway  Company,  a corporation  created 
and  existing  under  the  laws  of  the  State  of  Michigan  and 
the  Economy  Power  Company,  for  the  purchase  of  cer- 
tain property  in  the  city  of  Grand  Rapids  hereinafter  de- 
scribed, viz : 

Parcel  No.  1:  Commencing  at  a point  on  the 
southerly  line  of  South  Market  St.,  which  when  measured 
at  a right  angle  to  the  west  line  of  Oakland  Ave.,  is  250 
feet  west  therefrom;  thence  south  parallel  to  the  west 
line  of  Oakland  Ave.,  512%  feet  more  or  less,  to  the  north- 
erly line  of  the  right  of  way  of  the  G.R.  & I.R.R. ; thence 
southwesterly  and  southerly  along  the  northerly  line  of 
said  right  of  way  of  the  G.R.  & I.R.R.,  and  the  P.M.R.R. 
to  a point  on  the  northerly  line  of  said  right  of  way,  which 
when  measured  at  right  angles  to  the  west  line  of  said 
Oakland  Ave.  is  470  feet  west  therefrom;  thence  north 
parallel  to  the  west  line  of  said  Oakland  Ave.  486-6/10 
feet  more  or  less,  to  the  said  southerly  line  of  South  Mar- 
ket St.  thence  along  said  southerly  line  of  South  Market 
St.  to  place  of  beginning. 

Also  an  easement  at  the  southwest  corner  of  above  as 
follows : Commencing  at  a point  on  the  said  north- 
erly line  of  the  right  of  way  of  the  P.M.R.R.,  which  when 
measured  at  a right  angle  to  the  west  line  of  Oakland 
Ave.  is  470  feet  therefrom;  thence  north  parallel  to  the 
west  line  of  said  Oakland  Ave.  14  feet;  thence  in  a south- 
westerly direction  to  a point  on  said  northerly  line  of 
right  of  way  which  is  23-17/100  feet  westerly  from 
place  of  beginning;  thence  northeasterly  along  said  north- 
erly line  of  right  of  way  23-17/100  feet  to  place  of  begin- 
ning. Also  an  easement:  Commencing  at  a point  on  the 
northerly  line  of  the  right  of  way  of  the  G.  R.  & I.  R.  R. 
which  is  250  feet  west  of  the  west  line  of  Oakland  Ave., 
thence  north  parallel  to  the  west  line  of  Oakland  Ave.  25 
feet ; thence  easterly  at  right  angles  to  said  last  mentioned 
line  to  the  northerly  line  of  said  right  of  way ; thence  south- 
westerly along  said  northerly  line  of  said  right  of  way  to 
place  of  beginning. 

Parcel  No.  2:  (west  of  Market  St.)  Commencing 
on  the  westerly  line  of  South  Market  St.  583  feet  south- 


69 


westerly  from  intersection  of  said  westerly  line  of  Sontli 
Market  St.,  and  the  center  line  of  Wealthy  Ave.,  thence 
northwesterly  at  right  angles  to  the  westerly  line  of  South 
Market  St.  to  the  Dock  Line  of  Grand  River,  thence  south- 
westerly along  said  Dock  Line  to  a point  40  feet 
from  and  at  right  angles  to  the  last  described  line;  thence 
southeasterly  parallel  with  and  40  feet  from  first  described 
course,  to  the  westerly  line  of  South  Market  St.,  thence 
northeasterly  along  South  Market  Street,  to  place 
of  beginning,  with  all  riparian  rights  appurtenant  to  said 
premises,  reserving  an  easement  for  alley  purposes  on  a 
strip  of  land  15  feet  wide,  parallel  to  said  Market  Street, 
the  easterly  line  of  which  strip  is  75  feet  west  from  west- 
erly line  of  South  Market  Street. 

Also  an  easement : Commencing  124%  feet  north- 
westerly from  and  at  right  angles  to  a point  on  the  west- 
erly line  of  South  Market  St.  which  is  623  feet  southwest- 
erly from  the  intersection  of  said  westerly  line  of  South 
Market  St.  and  the  center  line  of  Wealthy  Ave. ; thence 
southwesterly  parallel  to  the  Harbor  Line  of  Grand  River 
3 feet;  thence  northwesterly  parallel  to  the  injection  pipe 
15-3/10  feet  to  the  Harbor  Line;  thence  along  said  Harbor 
Line  5 feet;  thence  southeasterly  to  place  of  beginning, 
excepting  and  reserving  from  the  land  in  this  para- 
graph described,  the  following:  Commencing  at  a point  on 
the  northerly  line  of  the  right  of  way  of  the  Pere  Mar- 
quette Railroad  which,  when  measured  at  right  angles  to 
the  west  line  of  Oakland  Avenue,  is  four  hundred  seventy 
(470)  feet  west  therefrom;  thence  north  parallel  to  said 
west  line  of  Oakland  Avenue  to  a point  which,  when  mea- 
sured at  right  angles  to  the  northerly  line  of  the  Pere 
Marquette  Railroad  right  of  way,  is  twelve  (12)  feet  there- 
from; thence  northeasterly  parallel  to  the  right  of  way 
of  the  Pere  Marquette  Railroad  and  twelve  (12)  feet  there- 
from to  the  intersection  of  the  right  of  way  of  the  Grand 
Rapids  and  Indiana  Railroad;  thence  southerly  along  the 
right  of  way  of  the  Grand  Rapids  and  Indiana  Railroad 
to  the  right  of  way  of  the  Pere  Marquette  Railroad ; thence 
southwesterly  along  the  right  of  way  of  the  Pere  Mar- 
quette Railroad  to  the  place  of  beginning. 

Reserving,  however,  the  right  to  lay,  use  and 


70 


maintain,  Forever,  railroad  tracks  across  said  above  de- 
scribed land  at  any  point,  in  a northerly  and  southerly 
direction. 

Part  of  the  east  half  (E%)  of  northwest  quarter 
(N.W.  %)  of  Section  thirty-six  (36),  Township  seven  (7) 
North,  Range  twelve  (12)  West,  described  as  follows: 

A strip  of  land  which  shall  in  no  event  exceed  twelve 
(12)  feet  in  width  north  and  south,  and  the  southerly  boun- 
dary of  said  strip  shall  be  the  northerly  line  of  the 
rights  of  way  of  the  Grand  Rapids  and  Indiana  Railroad 
Company  extended  in  a southwesterly  direction  and  par- 
allel to  the  northerly  line  of  the  right  of  way  of  the  Pere 
Marquette  Railroad  Company,  across  the  property  de- 
scribed in  paragraph  numbered  one  (1)  in  a deed  dated 
July  30,  1900,  given  by  Sarah  A.  White  and  Georgianna  R. 
Judd  to  the  Grand  Rapids  Railway  Company,  and  record- 
ed in  the  Register’s  Office  for  the  County  of  Kent  and  State 
of  Michigan,  on  August  14,  1900,  in  Liber  296  of  Deeds  at 
Pages  35,  36,  37,  38  and  39,  and  being  the  land  reserved  in 
paragraph  numbered  one  (1)  of  said  above  described  deed. 

By  the  descriptions  of  property  in  this  paragraph  6 
contained  whether  according  to  government  survey,  by 
metes  and  bounds,  specific  reference  to  lots  and  blocks,  or 
by  reference  to  deeds  or  other  conveyances  to  the  Economy 
Power  Company  and  to  the  records  thereof,  or  otherwise, 
the  Power  Company  includes,  intends  to  include  and  does 
hereby  specifically  include  all  the  property  of  every  name 
and  nature  described  in  or  covered  by  the  First  Mortgage 
of  the  Economy  Power  Company  to  the  Harris  Trust  and 
Savings  Bank,  Trustee,  dated  as  of  June  1,  1910,  and  recorded 
in  the  office  of  the  Register  of  Deeds  of  the  following 
counties  in  Michigan,  viz:  Allegan  County,  May  20,  1913, 
in  Liber  125  of  Mortgages,  beginning  on  page  132;  Calhoun 
County,  May  19,  1913,  in  Liber  161  of  Mortgages  beginning  on 
page  4;  Genesee  County,  February  17,  1911,  in  Liber  166  of 
Mortgages,  beginning  on  page  113;  Iosco  County,  February 
17,  1911,  in  Liber  17  of  Mortgages,  beginning  on  page  425; 


71 


Kalamazoo  County,  February  17,  1911,  in  Liber  121  of  Mort- 
gages, beginning  on  page  208 ; and  in  Oakland  County  May  23, 
1913,  in  Liber  207  of  Mortgages,  beginning  on  page 
26,  and  all  property  of  every  name  and  nature  described  in 
or  covered  by  all  the  several  mortgages  given  by  the  Econo- 
my Power  Company  to  the  Harris  Trust  and  Savings  Bank, 
Trustee,  supplemental  to  the  First  Mortgage  above  described, 
including  such  supplemental  mortgages  dated  and  recorded 
as  follows,  viz:  Dated  March  2,  1912,  covering  land  in  Oak- 
land County;  dated  March  2,  1912,  recorded  in  Calhoun 
County  Register’s  Office  May  19,  1913,  in  Liber  159  of  Mort- 
gages, beginning  on  page  202 ; dated  March  2,  1912,  recorded 
in  Allegan  County  Register’s  Office  May  20,  1913;  dated  De- 
cember 17,  1912,  recorded  in  Iosco  County  Register’s 
Office ; dated  December  17,  1912,  recorded  in  Calhoun 
County  Register’s  Office  May  19,  1913,  in  Liber  159  of 
Mortgages,  beginning  on  page  199;  dated  December  17, 
1912,  recorded  in  Calhoun  County  Register’s  Office  May  19, 
1913  in  Liber  159  of  Mortgages,  beginning  on  page  196; 
dated  June  18,  1913,  recorded  in  Iosco  County  Register’s 
Office  August  22nd,  1913  in  Liber  17  of  Mortgages,  beginning 
on  page  626;  and  dated  June  18,  1913,  recorded  in  Calhoun 
County  Register’s  Office  August  5,  1913  in  Liber  161  of  Mort- 
gages, beginning  on  page  49. 

All  and  singular  the  buildings  and  structures,  dams,  reser- 
voirs, bridges,  viaducts,  water  wheels,  breakwaters,  flumes, 
pipe  lines,  sluices,  canals  and  basins,  cribs  and  bulkheads, 
power  plants,  substations,  power  plant  and  substation  machin- 
ery, apparatus  and  equipment,  boilers,  engines,  generators, 
machinery  and  equipment,  motors,  electrical  transmission  and 
distribution  systems  and  lines,  telephone  systems  and  lines, 
towers,  masts,  poles,  wires,  lamps,  electrical  apparatus  and 
equipment,  overhead  and  underground  construction,  conduits, 
meters,  services,  materials  and  supplies,  tools  and  appliances, 
furniture  and  fixtures,  and  other  property  used  or  useful  in 


72 


Flint 

Electric 

Company. 


connection  with  the  business  of  the  Economy  Power  Com- 
pany, whether  now  owned  or  hereafter  acquired 

7.  All  the  following  described  pieces  and  parcels  of  land, 
viz : 


All  of  Lot  three  (3),  the  South  half  (S y2)  of  Lot  four 
(4)  and  the  South  half  (S%)  of  Lot  nine  (9)  lying  west- 
erly of  the  Pere  Marquette  Railroad,  and  that  portion  of 
Lots  ten  (10)  and  eleven  (11)  lying  westerly  of  said  Pere 
Marquette  Railroad,  also  all  that  part  of  Lots  one  (1)  and 
two  (2)  lying  easterly  of  a line  running  parallel  with  North 
Saginaw  Street  and  distant  ninety  feet  therefrom,  except- 
ing the  right  given  to  Joseph  Walsh  and  his  heirs  and  as- 
signs to  use  a parallel  strip  of  land  twelve  (12)  feet  wide 
lying  next  easterly  of  said  ninety  (90)  foot  line.  All  on 
Block  fifteen  (15)  village  of  Grand  Traverse,  now  first 
ward,  city  of  Flint. 

By  the  descriptions  of  property  in  this  paragraph  7 
contained,  whether  according  to  government  survey,  by 
metes  and  bounds,  specific  reference  to  lots  and 
blocks,  or  by  reference  to  deeds  or  other  conveyances 
to  the  Flint  Electric  Company  and  to  the  records  there- 
of, or  otherwise,  the  Power  Company  includes,  intends  to 
include,  and  does  hereby  specifically  include,  all  the  property 
of  every  name  and  nature  described  in  or  covered  by  the 
First  Mortgage  of  the  Flint  Electric  Company  to  the  Harris 
Trust  and  Savings  Bank,  Trustee,  dated  as  of  June  1,  1910, 
and  recorded  in  the  office  of  the  Register  of  Deeds  of  Genesee 
County,  Michigan,  on  the  lltli  day  of  February,  1911,  in  Liber 
166  of  Mortgages,  beginning  on  page  101. 

All  and  singular  the  buildings  and  structures,  dams,  res- 
ervoirs, bridges,  viaducts,  water  wheels,  breakwaters,  flumes, 
pipe  lines,  sluices,  canals  and  basins,  cribs  and  bulkheads, 
power  plants,  substations,  power  plant  and  substation  machin- 
ery, apparatus  and  equipment,  boilers,  engines,  generators, 
machinery  and  equipment,  motors,  electrical  transmission  and 
distribution  systems  and  lines,  telephone  systems  and  lines, 


73 


towers,  masts,  poles,  wires,  lamps,  electrical  apparatus  and 
equipment,  overhead  and  underground  construction,  conduits, 
meters,  services,  materials  and  supplies,  tools  and  appliances, 
furniture  and  fixtures,  and  other  property  used  or  useful  in 
connection  with  the  business  of  the  Flint  Electric  Company, 
whether  now  owned  or  hereafter  acquired. 

8.  All  the  following  described  pieces  and  parcels  of  land, 
and  all  the  land  acquired  by  and  granted  to  the  Grand  Rapids- 
Muskegon  Power  Company  by  conveyances  made,  dated  and 
recorded  as  follows,  viz: 

Conveyance  made  by  Muskegon  Realty  Company,  a 
corporation  organized  under  the  laws  of  the  State  of  Mich- 
igan, dated  June  26,  1905,  and  recorded  in  Mecosta  County 
Register’s  office  September  9,  1905,  in  Liber  87  of  Deeds 
at  Pages  255-259  inc. 

Conveyance  made  by  Muskegon  Realty  Company,  a 
corporation  organized  under  the  laws  of  the  State  of  Michi- 
gan, dated  November  21,  1914,  conveying  the  use  and  right 
to  flow  over  and  upon  that  part  of  Lot  2,  Section  14,  lying 
east  of  the  Grand  Rapids  and  Big  Rapids  State  Road  and 
that  part  of  Lot  3 of  Section  14  lying  west  of  the  Grand 
Rapids  and  Big  Rapids  State  road,  all  in  Township  14 
North,  Range  10  West. 

West  fractional  half  of  southwest  quarter  or  Lot  1, 
Section  31,  Township  15  North,  Range  9 West,  east  of  Mus- 
kegon River. 

Island  in  Muskegon  River  located  and  extending  across 
the  quarter  line  of  Section  11,  Township  14  North,  Range 
10  West,  and  situated  in  the  northeast  quarter  of  southwest 
quarter  and  southeast  quarter  of  northwest  quarter  of 
said  Section  11.  The  south  half  of  Lot  15,  Block  24,  origi- 
nal plat  of  the  city  of  Big  Rapids,  Michigan. 

Conveyance  made  by  Muskegon  Realty  Company,  a 
Michigan  corporation,  dated  May  15,  1907,  and  recorded 
in  Newaygo  County  Register’s  office  August  17,  1907,  in 
Liber  95  of  Deeds  at  Page  54. 


Grand  Rapids 
Edison  Co.— 

Grand  Rapids- 
Muskegon  Power  Co. 


74 


Descriptions  covered  by  conveyance  made  by  John  F. 
Gauweiler  and  Minerva  Gauweiler,  his  wife,  dated  May  15, 
1901,  and  recorded  in  Newaygo  County  Register’s  office 
May  17,  1901,  in  Liber  78  of  Deeds  at  Page  135. 

Conveyance  made  by  Muskegon  River  Water  Power 
Company,  a Michigan  corporation,  dated  August  23,  1906. 
and  recorded  in  Newaygo  County  Register’s  office  August 

27,  1906,  in  Liber  85  of  Deeds  at  Page  374. 

Conveyance  made  by  Muskegon  Realty  Company,  a 
Michigan  corporation,  dated  May  15,  1907,  and  recorded 
in  Newaygo  County  Register  ’s  office  August  17th,  1907,  in 
Liber  85  of  Deeds  at  Page  592,  including  fractional  south- 
west quarter  on  left  bank  of  Muskegon  River  descending- 
on  Section  five  (5),  Township  twelve  (12)  North,  Range 
eleven  (11)  West. 

Conveyance  made  by  John  I.  Forbes  and  Pearl  M. 
Forbes,  his  wife,  dated  December  29,  1909,  and  recorded 
in  Kent  County  Register  ’s  office  December  29,  1909,  in  Li- 
ber 381  of  Deeds  at  Page  285. 

Conveyance  made  by  Gerrit  J.  Kollen,  et  al.,  dated 
January  8,  1906,  and  recorded  in  Kent  County  Register’s 
office  February  20,  1906,  in  Liber  311  of  Deeds  at  Pages 
600,  601,  602,  and  603. 

Conveyance  made  by  Gerrit  J.  Kollen,  et  al.,  dated  May 
10,  1910,  and  recorded  in  Kent  County  Register’s  office  May 

28,  1910,  in  Liber  379  of  Deeds  at  Pages  246  and  247. 

Conveyance  made  by  Michigan  Railway  Engineering 
Company,  a Michigan  corporation,  dated  March  13,  1914, 
and  recorded  in  Kent  County  Register  ’s  office  March  24, 
1914,  in  Liber  420  of  Deeds  at  Page  360. 

Conveyance  made  by  Moses  Taggart  and  Elizabeth  G. 
Taggart,  his  wife,  and  C.  Van  Cleve  Ganson  and  Cora  B. 
Ganson,  his  wife,  dated  June  7,  1906,  and  recorded  in  Kent 
County  Register’s  office  June  13,  1906,  in  Liber  336  of 
Deeds  at  Page  572. 

Conveyance  made  by  Converse  & Chick,  dated  January 


75 


10,  1910,  and  recorded  in  Kent  County  Register’s  office 
January  27,  1910,  in  Liber  379  of  Deeds  at  Page  137. 

Conveyance  made  by  Arthur  L.  Watkins  and  Grace  E. 
Watkins,  his  wife,  dated  March  30,  1914,  and  recorded  in 
the  Newaygo  County  Register  of  Deeds  Office  November 

11,  1914,  in  Liber  59  of  Deeds  on  Page  410. 

Conveyance  made  by  the  Estate  of  Wiliam  T.  Powers 
dated  March  1,  1910,  and  recorded  in  Kent  County  Regis- 
ter’s office  March  25,  1910,  in  Liber  327  of  Deeds  at  Page 
489. 

Conveyance  made  by  Charles  W.  Haines  and  Ella  M. 
Haines,  his  wife,  dated  December  4,  1905,  and  recorded  in 
Kent  County  Register  ’s  office  December  13,  1905,  in  Liber 
341  of  Deeds  at  Page  217. 

Conveyance  made  by  J ohn  Vinkemulder  and  Mary 
Vinkemulder,  his  wife,  dated  September  20,  1907,  and  re- 
corded in  Kent  County  Register ’s  office,  September  21, 1907, 
in  Liber  361  of  Deeds  at  Page  337. 

Conveyance  made  by  Thomas  Hume,  et  al.,  dated  Octo- 
ber 27,  1905,  and  recorded  in  Muskegon  County  Register’s 
office  January  2,  1906,  in  Liber  119  of  Deeds  at  Pages  460 
and  461. 

Conveyance  made  by  Eastern  Michigan  Power  Com- 
pany, dated  March  3,  1913,  and  recorded  in  Muskegon  Coun- 
ty Register’s  office  March  25,  1913,  in  Liber  153  of  Deeds 
at  Page  545. 

Lot  seven  in  Block  557,  Revised  Plat  of  the  city  of 
Muskegon,  which  premises  were  heretofore  known  as  Lot 
nine  in  Block  4,  Stimson’s  Subdivision  of  the  city  of  Mus- 
kegon according  to  the  recorded  plat  thereof. 

Also  the  electrical  transmission  lines  including  masts, 
towers,  poles,  crossarms,  insulators,  cables,  wires,  trans- 
formers and  other  apparatus  and  appliances,  also  all  lands, 
premises,  easements,  rights  of  way,  franchises,  grants, 
leases,  permits,  licenses,  privileges  and  other  rights  used, 
useful  or  convenient  in  connection  with  said  electric  trans- 
mission lines,  however  and  whensoever  acquired,  obtained 


76 


or  secured  and  particularly  such  as  were  acquired  by  deeds, 
grants,  or  other  conveyances  recorded  in  the  Register  of 
Deeds  Office  of  the  respective  counties  in  which  the  proper- 
ties are  located,  to  which  reference  is  hereby  made  for 
greater  certainty,  viz: 

Commencing  at  the  switchboard  connected  with  the 
Rogers  Dam  on  the  north  half  of  the  northwest  quarter 
of  Section  fourteen  (14)  Township  fourteen  (14)  north 
Range  ten  (10)  west  in  Mecosta  County,  and  running  thence 
north  and  west  to  the  southwest  corner  of  the  northwest 
quarter  of  the  southwest  quarter  of  Section  eleven  (11), 
thence  north  on  the  west  side  of  the  northwest  quarter 
of  the  southwest  quarter  to  the  quarter  post  between  Sec- 
tions ten  (10)  and  eleven  (11),  thence  north  on  the  east  side 
of  Section  ten  (10)  and  three  (3)  to  the  north  township  line 
of  Mecosta  Township  on  the  south  township  line  of  Big 
Rapids,  Township  fifteen  (15)  north  Range  ten  (10)  west, 
thence  north  on  the  east  side  of  Sections  thirty- 
four  (34),  twenty-seven  (27)  and  the  east  half  of  the  south 
half  of  Section  twenty-two  (22),  thence  north  on  westerly 
side  through  the  northwest  quarter  of  Section  twenty-three 
(23)  and  Lot  three  (3)  Warren  Estate  Farm  Addition,  to 
the  city  of  Big  Rapids,  thence  north  in  the  alley  between 
plat  No.  1 Warren  & Bronson’s  Third  Subdivision  and  or- 
iginal plat  of  Big  Rapids  to  the  transformer  station  lo- 
cated on  the  south  half  of  Lot  fifteen  (15)  Block  twenty- 
four  (24)  of  the  original  plat  of  the  city  of  Big  Rapids, 
Mecosta  County. 

Commencing  at  the  switchboard  connected  with  Rogers 
Dam,  so-called  on  north  half  of  northwest  quarter  of  Sec- 
tion fourteen  (14)  in  Township  fourteen  (14)  north  range 
ten  (10)  west  in  Mecosta  County  in  the  State  of  Michigan, 
and  running  thence  in  a southerly  direction  by  a 
curve  convex  to  the  East  through  the  east  half  of  the  north- 
west quarter  and  the  west  half  of  the  southwest  quarter 
of  said  Section  fourteen  (14)  to  the  intersection  of  the 
west  line  thereof  with  the  east  line  of  Grand  Rapids  & Big 
Rapids  State  Road,  thence  in  a southwesterly  di- 
rection on  the  east  side  of  the  Grand  Rapids  & Big  Rapids 
Road  through  sections  fifteen  (15)  and  twenty-two  (22) 
to  the  east  and  west  center  line  of  Section  twenty-two  (22), 


tlience  in  a southwesterly  direction  through  the  south- 
west quarter  of  Section  twenty- two  (22),  Sections  twenty- 
seven  (27),  twenty-eight  (28),  thirty-three  (33)  and  thirty- 
two  (32)  on  the  westerly  side  of  said  road  to  the  quarter 
post  on  the  south  line  of  said  Section  thirty- two  (32), 
continuing  thence  in  a southwesterly  direction  on  the 
westerly  side  of  said  road  through  Section  five  (5)  to  a 
point  at  or  near  the  southwest  corner  of  said  Section  five 
(5),  thence  in  a southwesterly  direction  through  the  north- 
east quarter  of  the  northeast  quarter,  the  southwest  quar- 
ter of  the  northeast  quarter,  the  northwest  quarter 
of  the  southeast  quarter  and  the  east  half  of  the  south- 
west quarter  of  Section  seven  (7)  to  a point  at  or  near  the 
southwest  corner  of  the  southeast  quarter  of  the  south- 
west quarter  of  said  Section  seven  (7),  thence  in  a south- 
westerly direction  through  the  north  three-quarters  of  the 
west  quarter  of  Section  eighteen  (18)  to  a point  at  or  near 
the  southwest  corner  of  the  northwest  quarter  of  the  south- 
west quarter  of  Section  eighteen  (18)  of  Township 
thirteen  (13)  north  Range  ten  (10)  west  in  said  Mecosta 
County,  continuing  thence  in  a southerly  direction 
across  the  southeast  quarter  of  the  southeast  quar- 
ter of  Section  thirteen  (13)  and  the  northwest  quarter  of 
the  northeast  quarter  of  Section  twenty-four  (24)  and  the 
south  half  of  the  northwest  quarter  of  Section  twenty-four 
(24)  to  a point  at  or  near  the  west  quarter  post  of  said  sec- 
tion twenty-four  (24),  thence  in  a southwesterly  direction 
across  the  northeast  quarter  of  the  southeast  quarter  of 
Section  twenty- three  (23)  and  the  southwest  quarter  of 
the  southeast  quarter  of  said  Section  twenty-three  (23) 
and  the  southeast  quarter  of  the  southwest  quarter  of  said 
Section  twenty- three  (23),  thence  in  a southwesterly  direc- 
tion across  the  northwest  quarter  of  northwest  quarter  of 
Section  twenty-six  (26),  thence  in  a southwesterly  direc- 
tion across  the  northeast  quarter  of  the  northeast  quarter 
of  Section  twenty-seven  (27),  thence  southwesterly  across 
the  southwest  quarter  of  the  northeast  quarter  of 
Section  twenty-seven  (27),  the  northeast  quarter  of 
the  southwest  quarter  and  the  southwest  quarter  of  the 
southwest  quarter  of  Section  twenty-seven  (27)  to  a point 
at  or  near  the  southwest  corner  of  said  Section  twenty- 


78 


seven  (27),  tlience  in  a southwesterly  direction  across  the 
northeast  quarter  of  the  northeast  quarter,  the  southeast 
quarter  of  the  northeast  quarter  and  the  west  half  of  the 
southeast  quarter  of  Section  thirty-three  (33)  to  a point 
at  or  near  the  south  quarter  post  of  said  Section 
thirty-three  (33)  in  Township  thirteen  (13)  north  Range 
eleven  (11)  west,  continuing  thence  south  along  the 
west  side  of  the  northeast  quarter  of  Section  four  (4)  to  a 
point  at  or  near  the  center  of  said  Section  four  (4),  thence 
south  (S)  and  southwesterly  (SW’ly)  of  the  south- 
east quarter  of  said  Section  four  (4),  the  northwest  quarter 
of  the  northwest  quarter  of  Section  nine  (9),  the 
northeast  quarter  of  the  northeast  quarter  and  the  south- 
west quarter  of  the  northeast  quarter  of  Section  eight  (8) 
to  a point  at  or  near  the  center  of  said  Section  eight  (8), 
thence  westerly  to  a point  at  or  near  the  west  quarter  post 
of  Section  eight  (8),  thence  south  along  the  west  side  of 
the  west  half  of  the  southwest  quarter  of  said  Section 
eight  (8)  and  the  west  side  of  the  northwest  quarter  of 
Section  Seventeen  (17),  thence  southwesterly  across  the 
northeast  quarter  of  the  southeast  quarter  and  the  south- 
west quarter  of  the  southeast  quarter  of  Section  eighteen 
(18),  thence  southwesterly  across  the  northwest  quarter  of 
the  northeast  quarter  and  Lots  two  (2)  and  one  (1)  of  Sec- 
tion Nineteen  (19)  in  Township  twelve  (12)  north  range 
eleven  (11)  west,  continuing  thence  in  a southwesterly 
(SW’ly)  direction  across  Lots  seven  (7)  and  eight  (8) 
of  Section  twenty-four  (24)  to  a point  at  or  near  the  south 
quarter  post  of  said  Section  twenty-four  (24),  thence  south- 
westerly across  the  northeast  quarter  of  the  northwest 
quarter  and  the  southwest  quarter  of  the  northwest  quar- 
ter of  Section  twenty-five  (25)  to  a point  at  or  near  the 
west  quarter  post  of  said  Section  twenty-five  (25),  thence 
southwesterly  across  the  northeast  quarter  of  the  south- 
east quarter  and  the  southwest  quarter  of  the  southeast 
quarter  of  Section  twenty-six  (26),  thence  southwesterly 
across  the  east  half  of  the  northwest  quarter,  the  north 
half  of  the  southwest  quarter  and  the  southwest  quarter 
of  the  southwest  quarter  of  Section  Thirty-five  (35)  to  a 
point  at  or  near  the  southwest  corner  of  said  Section  thir- 
ty-five (35)  in  Township  twelve  (12)  north  Range  twelve 


(12)  west,  continuing  tlience  southwesterly  across  the 
northeast  quarter  of  the  northeast  quarter,  the  southwest 
quarter  of  the  northeast  quarter,  the  northeast  quarter 
of  the  southwest  quarter  and  the  southwest  quarter  of  the 
southwest  quarter  of  Section  Three  (3)  to  a point  at  or 
near  the  southwest  corner  of  said  Section  three  (3),  thence 
southwesterly  across  the  east  half  of  the  northeast  quar- 
ter and  the  west  half  of  the  southeast  quarter  of  Section 
Nine  (9)  to  a point  at  or  near  the  south  quarter  post  of 
said  Section  nine  (9),  thence  south  along  the  west  side  of 
the  east  half  of  Sections  sixteen  and  twenty-one  (16  and 
21)  and  the  west  * side  of  the  northeast  quarter  of 
Section  twenty-eight  (28),  thence  southerly  along  the 
east  side  of  the  southwest  quarter  of  Section  Twenty- 
eight  (28)  and  the  west  half  of  Section  Thirty- 
three  (33)  Township  Eleven  (11)  north  Range  twelve 
(12)  west  Newaygo  County,  Michigan,  continuing  thence 
south  along  the  easterly  side  of  Section  Five  (5), 
thence  south  along  the  west  side  of  the  northwest  quar- 
ter of  the  northwest  quarter  and  the  north  half  of  the 
southwest  quarter  of  the  northwest  quarter  of  Section 
Nine  (9),  thence  south  along  the  east  side  of  the  southeast 
quarter  of  the  northeast  quarter,  and  the  southeast  quar- 
ter of  Section  eight  (8),  thence  south  along  the  east  side 
of  Section  Seventeen  (17)  to  a point  at  or  near  the  south- 
east corner  of  said  Section  Seventeen  (17),  thence  in  a 
southwesterly  direction  across  the  northeast  quarter 
of  the  northeast  quarter,  the  southwest  quarter  of  the  north- 
east quarter,  the  northeast  quarter  of  the  south- 
west quarter  and  the  southwest  quarter  of  the  southwest 
quarter  of  Section  Twenty  (20)  to  a point  at  or  near  the 
southwest  corner  of  said  Section  Twenty  (20),  thence  south 
along  the  east  side  of  Section  Thirty  (30)  to  Casnovia 
switch  station,  so-called,  situated  as  follows:  Sixteen  (16) 
rods  east  and  west  by  twenty  (20)  rods  north  and  south  in 
the  southeast  corner  of  the  southeast  quarter  of  the  south- 
east quarter  of  said  Section  Thirty  (30)  in  Township  Ten 
(10)  North  Range  Twelve  (12)  west,  in  Kent  County,  Michi- 
gan. 

Commencing  at  the  Casnovia  switch  station  located  in 
the  southeast  corner  of  Section  Thirty  (30)  in  Township 


80 


Ten  (10)  north  Range  Twelve  (12)  west  in  Kent  County, 
Michigan,  thence  south  along  the  easterly  side  of  and 
through  Section  Thirty-one  (31),  Township  Ten  (10)  north 
Range  Ten  (10)  west  and  Sections  Six  (6),  Seven  (7), 
Eighteen  (18),  Nineteen  (19),  Thirty  (30)  and  Thirty-one 
(31)  of  township  Nine  (9)  north  Range  (12)  west,  thence 
south  along  the  westerly  side  of  Sections  Five  (5),  Eight 
(8),  Seventeen  (17)  and  Twenty  (20)  and  the  north  three- 
quarters  of  Section  Twenty-nine  (29),  thence  southeasterly 
across  the  southwest  quarter  of  the  southwest  quarter  of 
Section  Twenty-nine  (29)  and  the  west  half  of  the  north- 
west quarter  of  Section  Thirty- two  (32),  thence 
south  along  the  east  side  of  the  west  half  of  the  southwest 
quarter  of  Section  Thirty-two  (32)  to  a point  at  or  near 
the  southeast  corner  of  the  southwest  quarter  of 
the  southwest  quarter  of  Section  Thirty-two  (32)  in  Town- 
ship eight  (8)  north  Range  Twelve  (12)  west,  continuing 
thence  south  along  the  west  side  of  the  east  half  of  the  west 
half  of  Sections  Five  (5),  Eight  (8),  Seventeen  (17)  and 
Twenty  (20)  to  a point  at  or  near  the  southwest  corner 
of  the  southeast  quarter  of  the  southwest  quarter  of 
said  Section  Twenty  (20),  thence  easterly  along  the  nor- 
therly side  of  the  east  three-quarters  of  Section  Twenty- 
nine  (29)  to  the  northwest  corner  of  Section  Twenty-eight 
(28),  thence  south  along  the  westerly  side  of  the  northwest 
quarter  of  Section  twenty-eight  (28)  to  a point  at 
or  near  the  west  quarter  post  of  Section  Twenty-eight  (28), 
thence  east  along  the  north  side  of  the  southwest  quarter 
and  the  northwest  quarter  of  the  southeast  quarter  of  Sec- 
tion Twenty-eight  (28),  thence  southeasterly  across  the 
northeast  quarter  of  the  southeast  quarter  of  said  Section 
Twenty-eight  (28),  thence  southeasterly  across  the  north- 
west quarter  of  the  southwest  quarter  of  Section  Twenty- 
seven  (27),  thence  east  across  the  northerly  side  of  the 
southeast  quarter  of  the  southwest  quarter  of  Section 
Twenty-seven  (27),  thence  east  along  the  southerly  side  of 
the  north  half  of  the  southeast  quarter  of  Section  Twenty- 
seven  (27),  thence  south  along  the  east  Section  Line  to  a 
point  at  or  near  the  southeast  corner  of  said  Section  twen- 
ty-seven (27),  thence  east  along  the  northerly  side  of  Sec- 
tion thirty-five  (35)  to  the  site  of  the  Wealthy  Street  Steam 


81 


Plant,  so-called,  located  in  tlie  northeast  quarter  of  said 
Section  Thirty-five  (35)  in  township  seven  (7)  north  range 
Twelve  (12)  west  Kent  County,  Michigan. 

Commencing  at  the  Casnovia  switch-house  located  in  the 
southeast  corner  of  Section  Thirty  (30)  in  Township  Ten 
(10)  North  Range  Twelve  (12)  west,  thence  westerly  along 
the  southerly  side  of  said  Section  Thirty  (30),  thence 
westerly  along  the  southerly  line  of  Sections  Twenty-five 
(25),  Twenty-six  (26),  Twenty-seven  (27),  and  Twenty- 
eight  (28)  to  a point  at  or  near  the  southwest  corner  of 
Section  Twenty-eight  (28),  thence  northwesterly  across  the 
southeast  quarter  of  the  southeast  quarter,  the  northwest 
quarter  of  the  southeast  quarter,  the  southeast  quarter  of 
the  northwest  quarter  and  the  northwest  quarter  of  the 
northwest  quarter  of  Section  Twenty-nine  (29)  to  a point 
at  or  near  the  northwest  corner  of  said  Section  Twenty-nine 

(29) ,  thence  westerly  along  the  north  side  of  Section  Thirty 

(30)  to  a point  at  or  near  the  northwest  corner  of  said 
Section  Thirty  (30)  in  Township  Ten  (10)  north  Range 
thirteen  (13)  west,  thence  west  along  the  southerly  side  of 
Sections  Twenty-four  (24),  Twenty-three  (23),  Twenty-two 
(22),  Twenty-one  (21),  Twenty  (20)  and  Nineteen  (19)  to 
a point  at  or  near  the  southwest  corner  of  said  Section 
Nineteen  (19)  in  Township  Ten  (10)  North  of  Range  Four- 
teen (14)  west,  thence  westerly  along  the  southerly  line  of 
Sections  Twenty-four  (24),  Twenty-three  (23),  Twenty-two 
(22),  Twenty-one  (21),  Twenty  (20)  and  Nineteen  (19)  to 
a point  at  or  near  the  southwest  corner  of  said  section 
Nineteen  (19)  in  Township  Ten  (10)  north  Range  Fifteen 
(15)  west,  thence  westerly  along  the  southerly  line  of  Sec- 
tions Twenty-four  (24),  Twenty-three  (23)  and  the  south- 
east quarter  of  Section  Twenty- two  (22)  to  a point  at  or 
near  the  south  quarter  post  of  said  Section  Twenty-two 
(22),  thence  south  along  the  east  side  of  the  west  half  of 
Section  twenty-seven  (27)  to  a point  near  the  south  quarter 
post  of  said  Section  Twenty-seven  (27),  thence  west  along 
the  southerly  side  of  the  southeast  quarter  of  the  southeast 
quarter  of  Section  Twenty-seven  (27),  thence  west  along  the 
northerly  side  of  the  northwest  quarter  of  the  northwest 
quarter  of  Section  thirty-four  (34),  thence  west  along  the 
northerly  side  of  Section  Thirty- three  (33)  and  the  north- 


82 


erly  side  of  the  northeast  quarter  of  Section  Thirty-two 

(32) ,  thence  west  along  the  northerly  side  of  the  northeast 
quarter  of  the  northwest  quarter  of  Section  Thirty-two  (32), 
thence  south  to  a point  at  or  near  the  northwest  corner  of  the 
southeast  quarter  of  the  northwest  quarter  of  section 
thirty- two  (32),  thence  west  to  Muskegon  Heights  Sub- 
station, so-called,  located  on  Block  Thirty-seven  (37)  in 
Plat  B Muskegon  Heights  in  Muskegon  Township  (Town- 
ship Ten  [10]  north  Range  Sixteen  [16]  west.) 

Beginning  at  the  switch  house  at  the  Company’s  power 
house  in  Croton  in  the  northeast  quarter  of  Section  Eigh- 
teen (18)  Township  Twelve  (12)  north  Range  Eleven  (11) 
west  Newaygo  County,  Michigan,  thence  southeasterly  to 
the  northwest  corner  of  the  southeast  quarter  of  Section 
Seventeen  (17),  thence  southeasterly  across  the  northwest 
quarter  of  the  southeast  quarter  and  the  southeast  quarter 
of  the  southeast  quarter  of  Section  Seventeen  (17)  to  the 
corner  of  Sections  Sixteen  (16),  Seventeen  (17),  Twenty 
(20),  Twenty-one  (21),  thence  along  the  west  side  of  Sec- 
tions Twenty-one  (21),  Twenty-eight  (28)  and  Thirty- three 

(33)  to  the  section  corner  between  Sections  Thirty-two  (32) 
and  Thirty- three  (33)  on  the  Township  line,  and  Sections 
Four  (4)  and  Five  (5)  in  Ensley  Township  (Township 
Eleven  [11]  North  range  eleven  [11]  west),  thence  south 
on  the  west  side  of  Sections  Four  (4),  Nine  (9),  Sixteen 
(16),  Twenty-one  (21),  Twenty-eight  (28)  and  Thirty-three 
(33)  to  the  south  line  of  Ensley  township  which  is  the  north 
line  of  Solon  township,  Kent  County,  thence  south  on  the 
north  and  south  quarter  line  of  Section  Five  (5)  to  the 
northeast  corner  of  the  southeast  quarter  of  the  northwest 
quarter  of  Section  Five  (5),  thence  southwest  to  the  north- 
west corner  of  the  southwest  quarter  of  the  southwest  quar- 
ter of  Section  five  (5),  thence  south  along  the  west  side 
of  the  southwest  quarter  of  the  southwest  quarter  of  said 
Section  Five  (5),  thence  south  along  the  west  side  of  Sec- 
tions Eight  (8),  Seventeen  (17),  Twenty  (20),  Twenty-nine 
(29)  and  Thirty- two  (32)  but  bearing  to  the  east  around 
Olin  Lake  in  the  west  half  of  the  southwest  quarter  of 
Section  Thirty-two  (32)  to  the  south  Township  line  of 
Solon  Township,  thence  south  through  Algoma  township 
(Township  Nine  [9]  North  Range  Eleven  [11]  west)  on 


83 


the  west  side  of  Sections  Five  (5),  Eight  (8),  Seventeen 
(17),  Twenty  (20),  Twenty-nine  (29)  and  Thirty-two  (32) 
to  the  south  line  of  the  township  and  the  north  line  of 
Plainfield  township,  thence  southeasterly  through  the  north- 
west quarter  of  Section  Five  (5)  south  and  west  to  Pickerel 
Lake  to  the  center  of  said  Section  Five  (5),  thence  southerly 
along  the  west  side  of  the  east  half  of  Sections  Five  (5), 
Eighteen  (18),  Seventeen  (17)  and  Twenty  (20)  to  the 
north  side  of  the  right  of  way  of  the  Grand  Rapids  & 
Indiana  Railway,  thence  southwesterly  parallel  to  and  im- 
mediately west  of  the  Grand  Rapids  & Indiana  Railway 
Company’s  right  of  way  through  Sections  Twenty  (20), 
Twenty-nine  (29),  Thirty  (30)  and  Thirty-one  (31)  to  the 
south  side  of  the  northeast  quarter  of  the  northeast  quarter 
of  Section  Thirty-one  (31),  thence  west  along  the  south  side 
of  the  north  half  of  the  northwest  quarter  to  the  west  line  of 
said  Section  Thirty-one  (31)  in  the  southwest  quarter  of  the 
northwest  quarter  of  said  Section  thirty-one  (31),  thence 
in  Alpine  Township  (Township  Eight  [8]  north  Range 
Twelve  [12]  west)  to  the  southwest  corner  of  the  south- 
east quarter  of  the  northeast  quarter,  thence  along  the 
north  side  of  south  half  of  Sections  Thirty-six  (36)  and 
Thirty-five  (35)  to  the  northwest  corner  of  the  southwest 
quarter  of  said  Section  thirty-five  (35),  thence  along  the  west 
side  of  said  Section  thirty-five  (35)  to  the  south  township 
line  of  Alpine  township,  thence  south  through  Walker  town- 
ship (Township  Seven  [7]  north  Range  Twelve  [12]  west) 
on  the  east  side  of  Sections  three  (3)  and  Ten  (10)  to  the 
south  side  of  the  Muskegon,  Grand  Rapids  & Indiana  Rail- 
way Company’s  right  of  way  in  the  northeast  quarter  of 
Section  Fifteen  (15),  thence  westerly  on  the  north  side  of 
Section  Fifteen  (15)  and  the  south  side  of  Sections  Ten 
(10)  and  Nine  (9)  to  the  south  quarter  post  of  said  Sec- 
tion Nine  (9),  thence  south  to  the  southeast  corner  of  the 
northeast  quarter  of  the  northwest  quarter  of  Section  Six- 
teen (16),  thence  west  to  the  northwest  corner  of  the  south- 
east quarter  of  the  northwest  quarter  of  said  Section  six- 
teen (16),  thence  south  to  the  southeast  corner  of  the  south- 
west quarter  of  the  northwest  quarter  of  Section  Sixteen 
(16),  thence  west  along  the  southerly  side  of  the  southwest 
quarter  of  the  northwest  quarter  of  said  Section  Sixteen 


84 


(16)  and  north  of  the  east  and  west  quarter  line  of  Section 
Seventeen  (17)  to  the  pole  line  right  of  way  in  the  south- 
west corner  of  the  southeast  quarter  of  the  northwest  quar- 
ter of  said  Section  Seventeen  (17),  thence  south  along  the 
pole  line  right  of  way  on  the  westerly  side  of  the  east  half 
of  the  southwest  quarter  of  Section  Seventeen  (17)  and 
the  west  side  of  the  east  half  of  the  west  half  of  Section 
Twenty  (20)  to  the  southwest  corner  of  the  southeast  quar- 
ter of  the  southwest  quarter  of  Section  Twenty  (20),  thence 
beginning  at  the  northwest  corner  of  the  northeast  quarter 
of  the  northwest  quarter  of  Section  Twenty-nine  (29)  in 
said  Walker  Township,  thence  south  along  the  west  side 
of  the  east  half  of  the  northwest  quarter  of  Section  Twenty- 
nine  (29)  to  the  southwest  corner  of  the  southeast  quarter 
of  the  northwest  quarter  of  said  Section  Twenty-nine  (29), 
thence  east  immediately  south  of  the  east  and  west  quarter 
line  across  Section  Twenty-nine  (29)  and  the  east  and  west 
quarter  line  across  Section  Twenty-eight  (28)  to  the  north- 
east corner  of  the  northwest  quarter  of  the  southeast 
quarter  of  Section  Twenty-eight  (28),  thence  southeasterly 
across  the  northeast  quarter  of  the  southeast  quarter  of  said 
Section  Twenty-eight  (28)  and  the  northwest  quarter  of 
the  southwest  quarter  of  Section  Twenty-seven  (27)  to  a 
point  at  or  near  the  southeast  corner  of  the  northwest  quar- 
ter of  the  southwest  quarter  of  Section  Twenty-seven  (27), 
thence  easterly  on  the  north  side  of  the  southeast  quarter 
of  the  southwest  quarter  of  said  Section  twenty-seven  (27), 
thence  easterly  along  the  southerly  side  of  the  north  half 
of  the  southeast  quarter  of  Section  twenty-seven  (27), 
thence  south  to  a point  at  or  near  the  southeast  corner  of 
said  Section  twenty-seven  (27),  thence  easterly  along  the 
northerly  side  of  Section  Thirty-five  (35)  to  the  Wealthy 
Street  steam  plant  and  substation,  so-called,  located  on  the 
northeast  quarter  of  the  northeast  quarter  of  said  Section 
thirty -five  (35). 

Commencing  at  the  Company’s  substation  located  in 
Block  Thirty-seven  (37)  Plat  B in  the  city  of  Muskegon 
Heights,  Muskegon  County,  running  thence  west  along 
Keating  Avenue  in  the  City  of  Muskegon  Heights  to  and 
upon  Sanford  Street  in  said  city,  thence  south  along  said 
Sanford  Street  to  the  intersection  of  said  street  with  the 


right  of  way  of  the  Grand  Rapids,  Grand  Haven  & Muskegon 
Railway  Company,  thence  along  and  upon  the  right  of  way 
of  said  Grand  Rapids,  Grand  Haven  & Muskegon  Railway 
to  the  power  plant  of  said  Railway  Company  in  the  village 
of  Fruitport  in  Muskegon  County,  Michigan. 

Commencing  at  the  switchboard  in  Substation  at 
Wealthy  Street,  Grand  Rapids,  Michigan,  in  the  northeast 
corner  of  Section  thirty-five  (35)  Township  Seven  (7) 
North  Range  Twelve  (12)  west,  thence  west  and  north  on 
pole  line  transmission  line  to  the  right  of  way  of  the 
Grand  Rapids,  Grand  Haven  & Muskegon  Railway  on  the 
west  half  of  the  northwest  quarter  Section  Seventeen  (17), 
thence  northwesterly  on  said  right  of  way  through  Sections 
Seventeen  (17)  and  Eighteen  (18)  to  Walker  Substation 
located  near  the  northeast  corner  of  Section  Eighteen  (18) 
Township  Seven  (7)  North  Range  Twelve  (12)  West. 

Beginning  at  the  switchboard  in  substation  at  Wealthy 
Street  Grand  Rapids,  Michigan,  in  the  northeast  corner  of 
Section  Thirty-five  (35),  thence  running  south  parallel  to 
the  east  line  of  Section  Thirty-five  (35)  Township  Seven 
(7)  north  Range  Twelve  (12)  west  across  the  Grand  River 
to  a point  in  the  southeast  quarter  of  the  northeast  quarter 
of  Section  Thirty-five  (35)  south  of  the  Fere  Marquette 
Railroad,  thence  southwesterly  parallel  to  the  right  of  way 
of  the  Pere  Marquette  Railroad  to  the  west  line  of  the 
northeast  quarter  of  the  southeast^  quarter  of  Section 
Thirty-five  (35),  thence  south  on  the  west  side  of  the  east 
half  of  the  southeast  quarter  of  Section  Thirty -five  (35)' 
to  the  south  township  line  and  north  township  line  of  Wyom- 
ing Township  (Township  Six  [6]  North  Range  Twelve  [12] 
West),  thence  south  across  and  along  the  westerly  side  of 
the  east  quarter  of  Section  Two  (2)  to  the  right  of  way 
of  the  G.  R.  H.  & C.  right  of  way,  thence  southwesterly 
along  said  right  of  way  across  the  northwest  quarter  of 
the  southeast  quarter,  the  east  half  of  the  southwest  quarter 
and  the  southwest  quarter  of  the  southwest  quarter  of  Sec- 
tion Two  (2),  thence  southwesterly  across  the  north  half 
of  the  northeast  quarter  and  the  east  half  of  the  northwest 
quarter,  and  the  southwest  quarter  of  the  northwest  quarter 
of  Section  Ten  (10),  and  the  northwest  quarter  of  the  south- 
west quarter  of  Section  Ten  (10),  thence  southwesterly 


86 


across  the  northeast  quarter  of  the  southeast  quarter,  the 
west  half  of  the  southeast  quarter  and  the  south  half  of 
the  southwest  quarter  of  Section  Nine  (9),  thence  south- 
westerly across  the  northwest  quarter  of  the  northwest 
quarter  of  Section  Sixteen  (16)  and  the  north  half  of  the 
northeast  quarter  of  Section  Seventeen  (17)  to  a point  five 
(5)  feet  east  of  the  center  line  of  Section  Seventeen  (17), 
thence  south  on  the  west  line  of  the  southwest  quarter  of 
the  northeast  quarter  of  Section  Seventeen  (17),  thence 
south  on  the  east  side  of  the  northeast  quarter  of  the  south- 
west quarter  of  Section  Seventeen  (17),  thence  west  on  the 
north  side  of  the  south  half  of  the  southwest  quarter  of 
Section  Seventeen  (17),  thence  northwesterly  through  the 
north  half  of  the  southeast  quarter  of  Section  Eighteen 
(18)  to  the  highway,  thence  north  along  the  highway  to  the 
right  of  way  of  the  G.  R.  H.  & C.  Railway  at  or  near  the 
center  of  Section  Eighteen  (18),  thence  west  on  said  right 
of  way  along  the  north  side  of  the  southwest  quarter  of 
Section  Eighteen  (18)  to  the  west  line  of  Wyoming  Town- 
ship, (Township  Six  [6]  North  Range  Twelve  [12]  West), 
thence  south  and  westerly  along  said  right  of  way  across 
Section  Thirteen  (13)  Township  Six  (6)  north  Range  Thir- 
teen (13)  west  to  the  substation  of  the  Company  at  Jenison 
in  Ottawa  County. 

Commencing  at  the  switchboard  in  the  Company’s  sub- 
station located  in  the  southeast  corner  of  Section  Thirty 
(30)  Township  Ten  (10)  north  range  Twelve  (12)  west  and 
running  in  an  easterly  direction  north  of  the  south  line  of 
Sections  Twenty-nine  (29),  Twenty-eight  (28),  Twenty- 
seven  (27),  Twenty-six  (26),  and  Twenty-five  (25)  to  the 
southeast  corner  of  Section  Twenty-five  (25)  Township  Ten 
(10)  north  Range  Twelve  (12)  west,  continuing  thence  east 
along  the  south  section  line  of  Sections  Thirty  (30),  Twenty- 
nine  (29),  Twenty-eight  (28),  Twenty-seven  (27),  Twenty- 
six  (26)  and  Twenty-five  (25)  to  the  village  of  Cedar 
Springs  in  the  south  half  of  Section  Twenty-five  (25)  Town- 
ship Ten  (10)  North  Range  Eleven  (11)  west. 

Commencing  at  the  northeast  corner  of  Section  Thirty- 
four  (34)  Township  Ten  (10)  north  Range  Twelve  (12) 
west  and  running  thence  south  along  the  east  side  of  Sec- 
tion Thirty-four  (34)  to  the  southeast  corner  of  said  Sec- 


87 


tion  thirty-four  (34),  thence  south  along  the  easterly  side 
of  the  northeast  quarter  of  the  northeast  quarter  of  Sec- 
tion Three  (3)  Township  Nine  (9)  north  Range  Twelve  (12) 
west,  thence  southeasterly  across  the  southwest  quarter  of 
the  northwest  quarter  of  Section  Two  (2),  thence  east  to 
the  center  of  Section  Two  (2),  thence  south  along  the  east- 
erly side  of  the  southwest  quarter  of  Section  Two  (2)  and 
the  west  half  of  Section  Eleven  (11)  and  the  easterly  side 
of  the  northwest  quarter  of  Section  Fourteen  (14)  to  the 
village  of  Sparta. 

Commencing  at  the  switchboard  in  the  Company’s  sub- 
station located  in  the  southeast  corner  of  Section  Thirty 
(30)  Township  Ten  (10)  North  Range  Twelve  (12)  west, 
thence  north  on  the  east  section  line  of  Section  Thirty  (30) 
to  the  Pere  Marquette  Railway,  northwesterly  along  the 
Pere  Marquette  right  of  way  across  the  northeast  quarter 
of  Section  Thirty  (30),  the  northwest  quarter  of  Section 
Thirty  (30),  and  the  southwest  quarter  of  Section  Nine- 
teen (19),  to  and  through  the  village  of  Casnovia,  thence 
continuing  westerly  and  northerly  along  the  nortnerly  side 
of  said  railway  right  of  way  across  the  southeast  quarter, 
southwest  quarter  and  northwest  quarter  of  Section  twenty- 
four,  and  the  southwest  quarter  of  southwest  quarter  of 
Section  Thirteen;  thence  north  across  the  east  half  of  the 
southeast  quarter  of  Section  Fourteen  (14)  and  the  east  half 
of  the  northeast  quarter  of  Section  Fourteen  (14),  thence 
north  across  the  east  half  of  the  southeast  quarter  of  Section 
Eleven  (11),  thence  north  on  the  east  section  line  of  the 
northeast  quarter  of  Section  Eleven  (11),  thence  north  on 
the  easterly  side  of  the  southeast  quarter  of  Section  Two 
(2)  across  the  east  half  of  the  northeast  quarter  of  Section 
Two  (2),  all  in  Township  Ten  (10)  North  Range  thirteen 
(13)  west  Muskegon  County;  thence  north  along  the  west 
side  of  the  east  half  of  the  southeast  quarter  of  the  south- 
west quarter  of  Section  Thirty-six  (36)  and  the  northeast 
quarter  of  the  southwest  quarter  of  Section  Thirty-six  (36), 
thence  north  along  the  west  side  of  the  east  half  of  the 
northwest  quarter  of  Section  Thirty- six  (36)  to  the  village 
of  Ashland,  thence  north  from  the  village  of  Ashland  along 
the  north  and  south  center  line  of  Sections  Twenty-five  (25) 
and  Twenty-four  (24)  to  the  village  of  Grant  in  Section 


88 


Twenty-four  (24),  all  in  Township  Eleven  (11)  North  Range 
Thirteen  (13)  west. 

Commencing  at  the  switchboard  in  the  Company  sub- 
station located  in  the  village  of  Fruitport  in  Muskegon 
County,  continuing  thence  in  a southerly  direction  to  said 
village  to  the  north  line  of  Township  Eight  (8)  Nortli 
Range  Sixteen  (16)  west,  thence  south  across  the  northwest 
quarter  of  the  northeast  quarter  and  the  south  half  of  the 
northwest  quarter  of  Section  One  (1),  the  southeast  quar- 
ter of  Section  Two  (2),  the  westerly  side  of  the  east  half  of 
Section  Eleven  (11)  and  the  north  half  of  Section  Fourteen 
(14)  and  the  west  half  of  Section  (14)  to  the  village  of 
Spring  Lake,  in  Ottawa  County,  Michigan. 

Lots  one,  three  and  five,  Calder  Street  (now  South 
Ottawa  Street)  Kent  Plat;  lots  one  and  two  Summit  Street 
(now  Ellsworth  Avenue)  Kent  Plat,  being  part  of  the  north 
fraction  of  the  southeast  quarter  of  Section  twenty-five, 
Township  Seven  North,  Range  Twelve  West. 

All  that  part  of  Lot  four  of  Section  one,  Township  six 
North,  Range  nine  West,  described  as  follows:  Commenc- 
ing at  a point  on  center  line  of  Grove  Street  where  the 
southerly  line  of  Lot  nine  of  Block  six,  Chapin  & Booth’s 
Addition  to  the  village  of  Lowell  intersects  said  center  line 
produced,  thence  southerly  fifteen  rods,  thence  easterly  ten 
and  two-thirds  rods,  thence  northerly  fifteen  rods,  thence 
westerly  to  point  of  beginning,  containing  one  acre  of  land. 

All  that  part  of  the  northeast  quarter  of  the  northeast 
quarter  of  Section  two,  Township  six  North,  Range  nine 
West,  described  as  follows : Commencing  at  a point  on 
the  east  line  of  Arthur  Sherman’s  land  twenty- three  rods 
north  of  the  northeast  corner  of  Lot  three,  Block  thirty-five 
of  Avery’s  Plat  of  the  village  of  Lowell,  thence  east  twelve 
rods,  thence  north  twenty  rods,  thence  west  twelve  rods  to 
said  east  line  of  Sherman’s  land,  thence  south  to  point  of 
beginning;  containing  one  and  one-half  acres,  but  reserving 
a strip  on  south  side  of  said  land  and  one  and  one-half  rods 
wide  for  a street. 

Also  the  following  described  property  situate  and 
being  in  Vergennes,  Township,  Kent  County,  being  Town- 
ship  seven  North,  Range  nine  west: 


Island  Number  seven,  Section  Number  thirty-six. 

Part  of  Lot  Number  five,  Section  thirty-five,  de- 
scribed as  beginning  on  the  southeast  bank  of  the  Flat 
River  on  the  line  between  Sections  thirty-five  and 
thirty-six,  and  running  thence  south  to  the  quarter  post, 
thence  west  eighty  rods,  thence  north  to  river,  thence 
along  the  river  to  place  of  beginning. 

Commencing  at  a post  in  the  center  of  the  highway 
on  Section  thirty-five,  north  44%°  east  thirteen  rods  and 
seven  links  from  the  northeast  corner  of  Robinson’s 
dwelling  house  (as  of  September  1,  1863),  thence  north 
22°  east  three  rods,  thence  east  22°  south  ninety-five  rods 
to  the  bank  of  the  Flat  River,  thence  west  15°  south 
fifteen  rods,  thence  west  2°  north  sixteen  rods,  thence 
west  25°  north  fifteen  rods,  thence  west  13°  south 
twenty-three  rods,  thence  west  20°  south  thirteen  rods, 
thence  west  43°  north  four  rods,  thence  north  35^° 
east  sixteen  rods  and  four  links,  thence  north  36°  west 
twenty-nine  rods  to  beginning,  with  the  right  to  build  a 
dam  five  feet  high  across  the  Flat  River  and  abutting 
on  this  parcel  of  land. 

The  right  to  flow  with  water  for  a pond  to  any  extent 
that  may  be  desirable  a parcel  of  land  on  Lot  one,  Sec- 
tion thirty-five,  described  as  follows : Commencing  at 
a point  seven  hundred  sixty-four  and  twenty-eight 
hundredths  feet  west  and  thirteen  hundred  twenty  feet 
south  22°  west  of  the  northeast  corner  of  section  thirty- 
five,  thence  east  to  the  Flat  River,  thence  southwest 
along  the  river  to  the  parcel  of  land  last  above  de- 
scribed, thence  northwest  along  said  land  to  the  center 
of  the  highway,  thence  northeast  to  the  place  of  begin- 
ning. 

That  parcel  of  land  situate  on  Sections  thirty-five 
and  thirty-six  described  as  follows : For  the  place  of 
beginning  start  at  a point  seven  hundred  sixty-four  and 
twenty-eight  hundredths  feet  west  of  the  northeast 
corner  of  said  Section  thirty-five  and  run  south  22° 
west  along  the  highway  thirteen  hundred  twenty  feet 
and  thence  east  seven  hundred  sixty  feet;  from  the 
place  of  beginning  so  ascertained  running  north  64° 
30'  east  two  hundred  ninety-four  and  three-tenths  feet, 


90 


thence  north  47°  30'  east  three  hundred  two  feet,  thence 
north  31°  30'  east  one  hundred  seventy-six  feet,  thence 
north  23°  40'  east  two  hundred  seventy -nine  feet,  thence 
north  11°  10'  east  five  hundred  sixteen  feet  to  a point 
which  is  two  hundred  eighty-six  feet  east  of  the  north- 
west corner  of  Section  thirty-six,  thence  east  to  the 
river,  thence  southerly  along  the  river  to  a point  due 
east  of  the  place  of  beginning,  thence  west  to  the  place 
of  beginning,  containing  eighteen  and  five  hundredths 
acres  of  land  more  or  less. 

The  right  of  flowage  for  a mill  pond  on  the  north- 
west fractional  quarter  of  Section  thirty-six  as  con- 
veyed by  Abel  Avery  and  wife  to  James  Buchanan  by 
deed  dated  June  20,  1868,  recorded  in  Book  52,  page 
393. 

The  right  to  flow  with  water  for  a mill  pond  to  any 
extent  which  may  be  necessary  or  desirable  and  the 
right  to  divert  the  water  of  Flat  Biver  from  the  follow- 
ing described  land  on  Sections  twenty-six  and  twenty- 
five,  viz : Commencing  at  the  southwest  corner  of  Sec- 
tion twenty-six  and  running  thence  north  on  the  west 
line  of  said  section  to  the  quarter  stake  set  in  the  Flat 
River,  thence  easterly  along  the  thread  of  Flat  River 
crossing  the  east  line  of  Section  twenty-six  and  continu- 
ing along  the  thread  of  the  river  to  the  intersection 
of  the  south  line  of  Section  twenty-five,  thence  west 
along  the  south  line  of  Sections  twenty-five  and  twenty- 
six  to  the  place  of  beginning,  containing  one  hundred 
fifty-three  acres  more  or  less. 

Lots  six  and  seven  and  the  southeast  quarter  of  the 
southwest  quarter  of  section  twenty-five. 

Part  of  Lot  five,  Section  twenty-five,  described  as 
follows:  Commencing  at  a point  on  the  north  line  of 
Lot  five,  ten  hundred  forty  feet  west  of  the  northeast 
corner  of  said  lot,  running  thence  south  20°  west  seven 
hundred  five  feet  to  a point  fifty  feet  east  of  the  bank 
of  Flat  River,  thence  down  the  river  parallel  with  and 
fifty  feet  from  the  bank  six  hundred  ninety  feet  to 
the  south  line  of  lot  five,  thence  west  on  the  south  line 
of  said  lot  to  the  river,  thence  up-stream  along  the 
river  to  the  north  line  of  Lot  five,  thence  east  along  the 


91 


north  line  of  Lot  five,  two  hundred  eighty  feet  to  be- 
ginning, containing  three  and  twenty-five  hundreds 
acres  of  land. 

Lot  four  of  Section  twenty-five,  except  a triangular 
parcel  of  thirteen  and  sixty-seven  hundredths  acres 
conveyed  by  Charles  A.  Church  and  wife  to  Bella  A. 
Kereches  by  deed  recorded  in  Book  232,  page  87. 

Two  acres  off  of  Lot  three,  Section  twenty-five,  con- 
veyed by  Kelcy  Denton  and  wife  to  Charles  A.  Church 
by  deed  dated  March  1,  1893,  recorded  in  Book  232  of 
deeds  at  page  141. 

Lots  one  and  two  of  Section  twenty-five,  and 
the  northeast  fractional  quarter  of  the  northeast 
quarter  of  Section  twenty-six,  except  so  much  thereof 
as  was  conveyed  by  the  West  Michigan  Electric  Com- 
pany to  C.  Sydney  Beckwith  by  deed  dated  November 
29,  1897,  recorded  in  Book  223  of  Deeds  on  page  490. 

Also  conveying  all  the  riparian  rights  in  the  parcel 
of  land  so  conveyed  to  said  Beckwith,  including  the 
right  to  divert  the  water  of  the  river  therefrom  and 
the  right  to  use  the  gravel  and  stone  on  said  land,  as 
reserved  by  said  West  Michigan  Electric  Company  in 
its  conveyance  to  said  Beckwith. 

Subject,  however,  to  rig'ht  of  way,  if  any,  as  con- 
veyed to  J.  E.  Tower  for  himself  and  others  by  deed 
dated  May  29,  1903. 

The  right  to  divert  the  water  of  Flat  River  from 
the  northwest  fraction  of  the  northwest  quarter  of  Sec- 
tion twenty-six  and  the  southeast  quarter  of  the  north- 
east quarter  of  Section  twenty-seven,  with  all  other 
riparian  rights  in  such  land. 

The  right  to  flow  for  mill  pond  to  any  extent  the 
southwest  quarter  of  the  southwest  quarter  and  Lots 
five,  six,  seven,  eight  and  nine  of  Section  twenty-four. 

Seven  and  fifty-three  hundredths  acres  of  land,  be- 
ing part  of  Lot  three,  Section  twenty-four,  as  conveyed 
by  Henry  W.  Booth  and  wife  to  Grand  Rapids  Edison 
Company  by  deed  dated  September  3,  1903,  and  re- 
corded in  Book  320  at  page  181,  together  with  the  right 
to  flow  the  remainder  of  said  Lot  three  and  Lot  two 
of  said  Section  south  of  the  highway. 


92 


Part  of  the  northwest  quarter  of  Section  twenty- 
four  described  as  follows : Commencing  at  the  north- 
west corner  of  the  store  lot  formerly  owned  by  Henry 
Brown,  running  thence  north  58°  east  twenty  feet, 
thence  north  32°  west  thirteen  rods,  thence  south  58° 
west  twenty  feet,  thence  south  32°  east  thirteen  rods  to 
beginning. 

Also  a strip  of  land  sixteen  feet  wide  off  the  west 
side  of  the  lot  deeded  by  Devendorf  to  Maria  L.  Allen 
and  by  her  to  Sydney  B.  Bichmond,  except  about  twenty 
feet  square  adjoining  store  lot  deeded  by  Bichmond 
to  Silas  L.  Fallass. 

Beginning  at  the  water’s  edge  on  the  east  bank  of 
the  river  on  the  north  side  of  the  highway  running 
east  and  west  through  the  northwest  quarter  of  Sec- 
tion twenty-four  and  running  thence  east  on  the  north 
line  of  the  highway  one  hundred  twenty-four  and  one- 
half  feet,  thence  north  at  right  angles  to  the  highway 
thirty  rods,  thence  west  32°  south  one  hundred  seventy- 
four  feet,  thence  north  54°  west  to  the  bank  of  the 
river,  thence  down  the  river  in  all  its  windings  to  a 
point  four  and  one-half  rods  north  of  the  place  of  be- 
ginning, thence  east  parallel  with  the  highway  to  the 
east  edge  of  Levi  Phillip’s  land,  thence  south  on  Phil- 
lip’s east  line  to  the  highway. 

Also  Island  Number  two,  Section  twenty-four,  con- 
taining two  and  eighty-one  hundredths  acres. 

Also  all  of  Section  twenty-three  which  lies  on  the 
east  side  of  the  Flat  Biver. 

Also  the  right  of  way  for  repairing,  improving  and 
controlling  the  dams  on  said  premises  from  the  mills 
and  along  the  east  bank  of  the  pond  and  river  to  the 
upper  dam,  so  called,  as  near  the  water’s  edge  as  con- 
venient. 

Also  the  right  to  build  a dam  across  the  river  at  the 
head  of  the  island  and  to  turn  the  whole  or  any  part 
of  the  river  into  the  east  channel. 

Also  all  the  right  of  flowage  on  the  northwest  quar- 
ter of  Section  twenty-four  to  any  required  extent  and 
all  rights  in  and  to  the  water  power  and  privileges  on 
said  quarter  section. 


93 


Islands  Numbers  five  and  six  of  Section  twenty-six. 

The  riparian  rights  on  the  Flat  River  appurtenant 
to  the  southwest  quarter  of  the  southeast  quarter  and 
the  southeast  quarter  of  the  southwest  quarter  of  Sec- 
tion twenty-three,  including  the  right  to  diminish  the 
flow  of  said  river. 

The  right  to  construct  and  maintain  a dam  twenty- 
five  feet  high  across  the  Flat  River  and  abut  the  same 
on  Lot  one,  Section  twenty-six,  and  the  right  to  flow 
above  said  dam  so  much  of  Lots  one  and  four  of  said 
Section  twenty-six  as  will  be  so  flowed,  and  the  right 
as  to  Lots  one,  two  and  three  of  said  Section  twenty-six 
to  increase  and  diminish  the  flow  of  the  river  below 
the  dam. 

That  part  of  Lots  one  and  four,  Section  twenty-six, 
conveyed  by  John  H.  Butcher  and  Emma  L.,  his  wife, 
to  the  Grand  Rapids  Edison  Company  by  deed  dated 
May  12,  1903,  recorded  in  Book  312,  page  47. 

A strip  of  land  three  rods  wide  along  and  adjoining 
the  left  bank  of  the  Flat  River  commencing  on  the  east 
and  west  quarter  line  of  Section  twenty-six  near  the 
west  side  of  said  Section  and  ending  at  the  east  line 
of  said  section,  with  all  the  riparian  rights  in  the  river 
opposite  to  and  along  the  whole  length  of  said  strip  of 
land. 

Also  the  right  to  flow  so  much  of  the  northeast 
corner  of  Lot  five,  Section  twenty-six,  as  is  flowed  by 
said  dam  abutting  on  Lot  one. 

The  riparian  rights  in  Flat  River  appurtenant  to  the 
land  lying  west  of  the  river  commencing  at  the  center 
of  the  highway  at  the  northeast  corner  of  the  southeast 
quarter  of  Section  twenty-seven,  thence  south  to  the 
southeast  corner  of  said  Section  twenty-seven,  thence 
west  to  the  highway  running  in  a north  and  south  direc- 
tion through  said  quarter  section,  thence  northerly 
along  said  highway  to  the  highway  running  northeast- 
erly, and  thence  northeasterly  and  easterly  along  said 
highway  to  the  place  of  beginning,  including  the  right 
to  diminish  the  flow  of  the  river  adjacent  to  said  land. 

The  exclusive  and  perpetual  right  and  privilege  of 
sinking  wells  and  pumping  water  from  the  east  frac- 


tional  half  (E  frl  y2)  of  west  half  (Wy2)  of  the  east 
half  (E1/^)  of  Section  thirty-five  (35),  Township  seven 
(7)  North,  Range  nine  (9)  West  lying  south  of  Flint 
River,  all  as  conveyed  and  granted  in  a certain  con- 
veyance dated  August  2,  1911,  given  by  Rowland 
Ryder  and  Phebe  Ryder,  his  wife,  to  Grand  Rapids 
Edison  Company,  and  recorded  in  the  office  of  the 
Register  of  Deeds  of  Kent  County,  Michigan,  on  August 
11,  1911,  in  Liber  15  of  Miscellaneous  Records  on  pages 
344  and  345. 

By  the  descriptions  of  property  in  this  paragraph  8 
contained  whether  according  to  government  survey,  by 
metes  and  bounds,  specific  reference  to  lots  and  blocks, 
or  by  reference  to  deeds  or  other  conveyances  and  to  the 
records  thereof,  or  otherwise,  the  Power  Company  includes, 
intends  to  include,  and  does  hereby  specifically  include,  all  the 
property  of  every  name  and  nature  described  in  or  covered  by 
the  General  Mortgage  of  the  Grand  Rapids  Edison  Company 
to  the  Harris  Trust  and  Savings  Bank,  Trustee,  dated  as  of 
June  1,  1910,  and  recorded  in  the  office  of  the  Register  of 
Deeds  of  Kent  County,  Michigan,  on  the  10th  day  of  January, 
1912,  in  Liber  327  of  Mortgages,  beginning  on  page  113,  and 
by  the  General  Mortgage  of  the  Grand  Rapids-Muskegon 
Power  Company  to  the  Harris  Trust  and  Savings  Bank,  Trus- 
tee, dated  as  of  June  1,  1910,  and  recorded  in  the  office  of  the 
Register  of  Deeds  of  the  following  Counties  in  Michigan, 
viz:  Muskegon  County,  February  16,  1911,  in  Liber  120  of 
Mortgages,  beginning  on  page  106,  Kent  County,  February 
15,  1911,  in  Liber  354  of  Mortgages,  beginning  on  page  70, 
Newaygo  County,  February  16,  1911,  in  Liber  66  of  Mortga- 
ges, beginning  on  page  401,  and  Mecosta  County,  February  16f 
1911,  in  Liber  68  of  Mortgages,  beginning  on  page  508 ; and 
all  property  of  every  name  and  nature  described  in  or  cov- 
ered by  a certain  mortgage  given  by  the  Grand  Rapids  Edi- 
son Company  to  the  Harris  Trust  and  Savings  Bank,  Trus- 
tee, supplemental  to  the  General  Mortgage  above  described 


95 


which  supplemental  mortgage  is  dated  December  6,  1912  and 
recorded  in  the  office  of  the  Register  of  Deeds  of  Kent  Coun- 
ty, Michigan,  on  the  17th  day  of  December,  1912,  in  Liber  327 
of  Mortgages  beginning  on  page  295,  and  by  all  the  several 
mortgages  given  by  the  Grand  Rapids-Muskegon  Power  Com- 
pany to  the  Harris  Trust  and  Savings  Bank,  Trustee,  supple- 
mental to  the  General  Mortgage  above  described,  including 
such  supplemental  mortgages  dated  March  11,  1913,  cover- 
ing property  in  Muskegon  County,  and  February  23,  1914, 
covering  property  in  Kent  County. 

All  and  singular  the  buildings  and  structures,  dams,  res- 
ervoirs, bridges,  viaducts,  water  wheels  breakwaters,  flumes, 
pipe  lines,  sluices,  canals  and  basins,  cribs  and  bulkheads, 
power  plants,  substations,  power  plant  and  substation  ma- 
chinery, apparatus  and  equipment,  boilers,  engines,  genera- 
tors, machinery  and  equipment,  motors,  electrical  transmis- 
sion and  distribution  systems  and  lines,  telephone  systems 
and  lines,  towers,  masts,  poles,  wires,  lamps,  electrical  appa- 
ratus and  equipment,  overhead  and  underground  construction, 
conduits,  meters,  services,  materials  and  supplies,  tools  and 
appliances,  furniture  and  fixtures,  and  other  property  used  or 
useful  in  connection  with  the  business  of  the  Grand  Rapids 
Edison  Company  and  the  Grand  Rapids-Muskegon  Power 
Company,  whether  now  owned  or  hereafter  acquired. 

9.  Lot  one  hundred  and  thirteen  (113)  of  the  original 
plat  of  the  village  (now  city)  of  Pontiac,  except  the  west 
thirty-two  (32)  feet  five  (5)  inches  thereof,  measured  from 
the  east  line  of  Wayne  Street. 

By  the  descriptions  of  property  in  this  paragraph  9 con- 
tained the  Power  Company  includes,  intends  to  include, 
and  does  hereby  specifically  include,  all  the  property  of  every 
name  and  nature  described  in  or  covered  by  the  First  Mort- 
gage of  the  Pontiac  Power  Company  to  the  Harris  Trust  and 
Savings  Bank,  Trustee,  dated  as  of  June  1,  1910,  and  recorded 
in  the  office  of  the  Register  of  Deeds  of  Oakland  County, 


Pontiac 

Power 

Company. 


96 


Saginaw 

Power 

Company. 


Michigan,  on  the  9th  day  of  February,  1911,  in  Liber  176  of 
Mortgages,  beginning  on  page  215. 

All  and  singular  the  buildings  and  structures,  dams,  reser- 
voirs, bridges,  viaducts,  water  wheels,  breakwaters,  flumes, 
pipe  lines,  sluices,  canals  and  basins,  cribs  and  bulkheads, 
power  plants,  substations,  power  plant  and  substation  ma- 
chinery, apparatus  and  equipment,  boilers,  engines,  genera- 
tors, machinery  and  equipment,  motors,  electrical  transmis- 
sion and  distribution  systems  and  lines,  telephone  systems 
and  lines,  towers,  masts,  poles,  wires,  lamps,  electrical  appa- 
ratus and  equipment,  overhead  and  underground  construction, 
conduits,  meters,  services,  materials  and  supplies,  tools  and 
appliances,  furniture  and  fixtures,  and  other  property  used 
or  useful  in  connection  with  the  business  of  the  Pontiac  Power 
Company,  whether  now  owned  or  hereafter  acquired. 

10.  All  the  following  described  pieces  and  parcels  of  land, 
viz : 


Lot  fifty-eight  (58)  Hoyt’s  sub-division  James  Riley 
Reserve ; 

Also  a strip  of  land  seventy-five  (75)  feet  in  width  off 
the  north  side  of  lot  fifty-seven  (57)  of  said  Hoyt’s  sub- 
division ; 

Also  lot  fifty-nine  (59)  of  said  Hoyt’s  sub-division,  ex- 
cept that  triangular  part  thereof  lying  north  of  a line  be- 
ginning in  the  west  line  of  said  lot  at  a point  seventy-five 
(75)  feet  north  of  the  southwest  corner  of  said  lot  and  ex- 
tending northeasterly  parallel  with  the  north  boundary  line 
of  said  James  Riley  Reserve  to  the  North  line  of  said  lot 
fifty-nine  (59). 

Also  that  parcel  of  land  described  as  beginning  on  the 
west  line  of  lot  fifty-seven  (57)  of  said  Hoyt’s  subdivision 
at  a point  seventy-five  (75)  feet  north  of  the  southwest 
corner  of  said  lot,  and  running  thence  west  in  a line  parallel 
with  the  south  line  of  said  lot  to  Emerson  Bayou;  thence 
northerly  along  said  Bayou  to  the  north  line  of  said  James 
Riley  Reserve,  thence  northeasterly  along  such  north  line 
to  its  intersection  with  the  west  line  of  lot  sixty  (60)  of  said 


97 


Hoyt’s  sub-division,  thence  south  in  a line  parallel  with 
Washington  Avenue  and  along  the  West  line  of  lots  sixty 
(60),  fifty-nine  (59),  fifty-eight  (58)  and  fifty-seven  (57) 
to  the  place  of  beginning. 

With  all  riparian  rights  incident  to  the  ownership  of 
said  land. 

Excepting  therefrom  a parcel  of  land  described  as  be- 
ginning at  a point  on  the  west  line  of  said  lot  fifty-nine  (59). 
of  Hoyt’s  sub-division  seventy-five  (75)  feet  north  from  the 
south  line  of  said  lot ; thence  westerly  at  right  angles  to  the 
west  line  of  lots  fifty-nine  (59)  and  sixty  (60)  one  hundred 
and  thirty  (130)  feet;  thence  north  parallel  with  the  west 
line  of  lots  fifty-nine  (59)  and  sixty  (60)  to  the  north 
boundary  of  said  James  Riley  Reserve ; thence  northeasterly 
along  such  boundary  to  the  west  line  of  lot  sixty  (60) ; 
thence  southerly  on  the  west  line  of  lots  sixty  (60)  and  fifty- 
nine  (59)  to  beginning. 

It  is  the  intention  to  describe  herein  all  the  estates, 
properties,  franchises  and  rights  of  every  name  and  na- 
ture covered  by  deed  dated  June  23,  1910,  given  by  Bart- 
lett Illuminating  Co.  to  the  Saginaw  Power  Company  and 
recorded  in  the  office  of  the  Register  of  Deeds  of  Saginaw 
County,  Michigan,  on  August  30, 1910,  in  Liber  275  of  Deeds 
on  Pages  120,  121  and  122. 

By  the  descriptions  of  property  in  this  paragraph  10 
contained,  whether  according  to  government  survey,  by  metes 
and  bounds,  specific  reference  to  lots  and  blocks  or  by  ref- 
erence to  deeds  or  other  conveyances  to  the  Saginaw  Power 
Company  and  to  the  records  thereof,  or  otherwise,  the  Power 
Company  includes,  intends  to  include,  and  does  hereby  speci- 
fically include,  all  the  property  of  every  name  and  nature 
described  in  or  covered  by  the  First  Mortgage  of  the  Sag- 
inaw Power  Company  to  the  Harris  Trust  and  Savings  Bank, 
Trustee,  dated,  as  of  June  1,  1910,  and  recorded  in  the  office 
of  the  Register  of  Deeds  of  Saginaw  County,  Michigan,  on 
the  10th  day  of  February,  1911,  in  Liber  166  of  Mortgages, 
beginning  on  page  302. 

All  and  singular  the  buildings  and  structures,  dams,  reser- 


98 


Reservations. 


voirs,  bridges,  viaducts,  water  wheels,  breakwaters,  flumes, 
pipe  lines,  sluices,  canals  and  basins,  cribs  and  bulkheads, 
power  plants,  substations,  power  plant  and  substation  ma- 
chinery, apparatus  and  equipment,  boilers,  engines,  genera- 
tors, machinery  and  equipment,  motors,  electrical  transmis- 
sion and  distribution  systems  and  lines,  telephone  systems 
and  lines,  towers,  masts,  poles,  wires,  lamps,  electrical  appa- 
ratus and  equipment,  overhead  and  underground  construction, 
conduits,  meters,  services,  materials  and  supplies,  tools  and 
appliances,  furniture  and  fixtures,  and  other  property  used 
or  useful  in  connection  with  the  business  of  the  Saginaw 
Power  Company,  whether  now  owned  or  hereafter  acquired. 

Excepting  and  reserving  from  the  lien  of  the  mortgage 
hereby  created  the  following  pieces  and  parcels  of  land  in- 
cluded in  some  of  the  descriptions  aforesaid  and  which  pieces 
and  parcels  have  been  sold  or  disposed  of  or  arranged  so  to 
be,  viz : 

Part  of  southwest  quarter  (SW  %)  of  northwest  quarter 
(NW  %)  of  section  thirteen  (13),  Township  seven  (7) 
North,  Range  twelve  (12)  West,  described  as  follows:  Com- 
mencing at  a point  forty  (40)  feet  south  and  cnirty- three 
(33)  feet  east  of  the  northwest  corner  of  the  southwest  quar- 
er  (SW  y±)  of  northwest  quarter  (NW  %)  of  said  section; 
running  thence  east  parallel  with  the  east  and  west  subdivi- 
sion line  through  the  northwest  quarter  (NW  %)  of  said 
Section  two  hundred  five  and  twenty-two  hundredths 
(205.22)  feet;  thence  north  forty-two  degrees  thirty  min- 
utes east  (N  42°  30'  E)  nine  and  fifty-six  hundredths  (9.56) 
feet  to  a point  seven  (7)  feet  north  of  the  line  first  de- 
scribed extended;  thence  east  and  parallel  with  the  east 
and  west  subdivision  line  through  the  northwest  quarter 
(NW  %)  of  said  Section  forty-five  and  ninety-six  hun- 
dredths (45.96)  feet;  thence  south  forty-two  degrees  thirty 
minutes  west  (S42°  30'  W)  fifty-four  and  sixty-four  hun- 
dredths (54.64)  feet;  thence  west  parallel  with  and  thirty- 
three  (33)  feet  south  of  the  line  first  described  two  hundred 
twenty  (220)  feet  to  the  east  line  of  Alpine  avenue;  thence 


99 


north  parallel  with  the  west  line  of  said  Section  thirty-three 
(33)  feet  to  place  of  beginning. 

All  that  part  of  the  northwest  quarter  (NW  %)  of  Sec- 
tion seventeen  (17),  Township  twelve  (12)  North,  Range 
eleven  (11)  West,  lying  north  of  the  easterly  and  westerly 
highway,  including  that  portion  in  the  Croton  Village  Plat 
excepting  the  south  half  (S  %)  of  Block  7,  and  the  entire 
Blocks  8,  9,  10  and  11,  and  the  streets  and  alleys  now  in 
use  in  the  platted  portion  of  the  Croton  Village  Plat, 

All  that  part  of  the  south  half  (S  %■)  of  Section  eight 
(8),  Township  twelve  (12)  north,  Range  eleven  (11)  West, 
south  of  the  Little  Muskegon  River,  including  that  portion 
in  the  Croton  Village  Plat,  excepting  all  of  the  lands  now 
overflowed  by  the  waters  in  the  Croton  Dam  Pond.  Also 
excepting  the  south  half  (S  %)  of  Blocks  3 and  4 and  Lots 
3 and  4 of  Block  4,  and  the  streets  and  alleys  now  in  use 
in  this  platted  portion. 

Lot  31,  Island  Addition,  city  of  Grand  Rapids. 

A strip  of  land  in  Section  thirty-five  (35),  Township 
seven  (7)  north  of  Range  twelve  (12)  west,  commencing  at 
a point  on  the  south  side  of  Butterworth  Avenue  sixty-six 
(66)  feet  east  of  the  section  line  between  Sections  thirty- 
four  (34)  and  thirty-five  (35) ; thence  south  to  the  Lake 
Shore  and  Michigan  Southern  Railway  Company’s  right  of 
way ; thence  southwesterly  along  the  north  line  of  said  right 
of  way  to  the  section  line  between  Sections  thirty-four  (34) 
and  thirty-five  (35) ; thence  north  on  said  section  line  to  the 
south  line  of  Butterworth  Avenue ; thence  east  sixty-six  (66) 
feet  on  the  south  line  of  Butterworth  Avenue  to  the  place  of 
beginning. 

Also  the  easterly  four  (4)  rods  in  width  of  Section  thirty- 
four  (34),  Township  seven  (7)  North,  Range  twelve  (12) 
west,  extending  from  Butterworth  Avenue  north  to  the 
north  line  of  Section  thirty-four  (34)  ; excepting  the  north 
sixty-six  (66)  feet  thereof. 

Part  of  Block  Number  Twenty-one,  as  shown  on  the  va- 
cated plat  of  Converse’s  Addition  to  the  City  of  Grand 
Rapids,  described  as  follows : Commencing  at  a point 
Eighty-three  feet  north  of  the  north  line  of  Blossom  Street 
extended  east  and  one  hundred  fourteen  feet  east  of  the 
east  line  of  South  Front  Street,  running  thence  north  on  a 


100 


line  parallel  with  the  east  line  of  South  Front  Street  to  a 
point  eighty-four  feet  south  of  the  south  line  of  Shawmut 
Avenue  produced  east,  thence  east  parallel  with  the  north 
line  of  Blossom  Street  to  the  dock  line  as  established  prior 
to  1904,  thence  south  on  said  dock  line  two  hundred  thirty- 
two  feet  more  or  less  to  a point  which  is  eighty-three  feet 
north  of  the  north  line  of  Blossom  Street  extended  east, 
thence  west  to  place  of  beginning.  Together  with  a right 
of  way  twelve  feet  wide  for  passage  of  teams  over  the  canal 
bank  on  the  west  side  of  said  premises  extending  from  Pearl 
Street  south  to  the  south  line  of  said  premises ; and  also  the 
right  of  way  for  a bridge  extending  across  the  canal  from 
the  premises  to  Front  Street ; and  also  the  right  to  cable  the 
power  east  or  west  from  the  premises,  and  the  right  to  main- 
tain one  or  more  piles  in  the  Grand  Biver  east  of  said  prem- 
ises and  west  of  the  center  of  the  river  to  support  the  cables ; 
also  the  right  to  draw  water  from  the  canal  sufficient  for 
fifteen  run  of  mill  stones  with  the  accompanying  machinery, 
and  the  right  to  construct  and  use  a flume  from  the  canal  to 
the  river. 


Habendum. 


Subject  to 
underlying 
mortgages. 


To  Have  and  To  Hold  all  and  singular  the  said  premises 
and  property  to  the  Trustee,  its  successors  and  assigns,  for- 
ever ; 

Under  and  subject,  however,  as  to  so  much  thereof 
as  is  covered  thereby,  to  the  lien  of  the  following  mortgages, 
to  wit: 


(1)  A first  mortgage  of  the  Lowell  Water  and 
Light  Company  to  the  American  Loan  and  Trust  Com- 
pany, of  Boston,  Massachusetts,  as  Trustee,  dated  the 
first  day  of  May,  A.  D.,  1900,  and  recorded  in  the  Kent 
County  Register’s  office  July  26,  1900,  in  Liber  272  of 
Mortgages  beginning  at  Page  209,  given  to  secure  an 
authorized  issue  of  $80,000  First  Mortgage  Twenty  Year 
Five  Per  Cent.  Gold  Bonds,  of  which  there  are  only 
$12,900  outstanding. 

(2)  A first  mortgage  of  the  Grand  Rapids  Edi- 
son Company  to  the  American  Trust  and  Savings  Bank, 
of  Chicago,  Illinois,  as  Trustee,  dated  the  first  day  of 


101 


May,  A.  D.,  1902,  and  recorded  in  the  Kent  County  Regis- 
ter’s office  May  5,  1902,  in  Liber  284  of  Mortgages  begin- 
ning on  page  44,  given  to  secure  an  authorized  issue  of 
Five  Per  Cent.  First  Mortgage  Sinking  Fund  Gold  Bonds, 
of  which  there  are  only  $734,000  outstanding. 

(3)  A first  mortgage  of  the  Grand  Rapids-Mus- 
kegon  Power  Company  to  the  First  Trust  and  Savings 
Bank,  of  Chicago,  Illinois,  as  Trustee,  dated  the  first  day 
of  March,  A.  D.,  1906,  and  recorded  in  the  Kent  County 
Register’s  office  the  14th  of  April,  1906  in  Liber  317  of 
Mortgages  beginning  at  page  36,  in  the  Mecosta  County 
Register’s  office  on  the  14th  day  of  April,  1896,  in  Liber 
68  of  Mortgages  beginning  on  page  139,  in  the  Muskegon 
County  Register’s  office  on  the  14th  day  of  April,  1896, 
in  Liber  113  of  Mortgages  beginning  on  page  96,  and  in 
the  Newaygo  County  Register’s  office,  April  14,  1896,  in 
Liber  66  of  Mortgages  beginning  on  page  260,  given  to 
secure  an  authorized  issue  of  $7,500,000.  First  Mortgage 
Twenty-Five  Year  Five  Per  Cent.  Gold  Bonds,  of  which 
there  are  only  $767,000  outstanding. 

(4)  A first  mortgage  of  the  Commonwealth 
Power  Company  to  the  First  Trust  and  Savings  Bank, 
of  Chicago,  Illinois,  as  Trustee,  dated  as  of  the  first  day 
of  December,  A.  D.  1904,  and  recorded  in  the  office  of  the 
Registers  of  Deeds  of  the  following  counties,  viz:  Alle- 
gan County,  January  12,  1895,  in  Liber  116  of  Mort- 
gages at  page  1;  Calhoun  County,  January  12,  1905,  in 
Liber  138  of  Mortgages  at  page  195;  Jackson  County, 

January  12,  1905,  in  Liber  140  of  Mortgages  at  page  133 
and  Kalamazoo  County,  January  12,  1905,  in  Liber  103 
of  Mortgages  at  page  1,  given  to  secure  an  authorized 
issue  of  $4,000,000  First  Mortgage  Twenty  Year  Five 
Per  Cent.  Gold  Bonds,  of  which  there  are  only  $1,213,000 
outstanding. 

But  in  trust,  nevertheless,  for  the  equal  and  propor-  ^/fraursattion 
tionate  benefit  and  security  of  all  present  and  future  holders 
of  the  bonds  and  interest  obligations  issued  and  to  be  issued 
under  the  Trust  Indenture  and  to  secure  the  payment  of  such 


102 


Covenant 
to  maintain 
authority  to 
do  business 
in  Michigan. 


Trustee 

authorized 

to  cancel  and 

surrender 

securities, 

etc. 


bonds  and  interest  obligations  when  payable,  in  accordance 
with  the  provisions  thereof,  and  to  secure  the  performance  of 
the  covenants  and  agreements  of  the  Power  Company  in  the 
Trust  Indenture  set  forth,  all  of  which  provisions,  covenants, 
and  agreements  shall  remain  in  unimpaired  force,  and  are 
hereby  confirmed. 

The  Power  Company  covenants  that  it  will  at  all  times 
keep  and  maintain  its  authority  to  do  business  in  the  State 
of  Michigan,  and  that  it  will  comply  with  and  observe  each 
and  every  provision  of  the  laws  of  the  State  of  Michigan  neces- 
sary to  that  end  or  otherwise  applicable  to  the  Company,  and 
that  the  aforesaid  covenant  shall  be  construed  and  taken  to 
be  a part  of  the  particular  covenants  of  the  Power  Company 
set  forth  and  contained  in  Article  Three  of  said  Trust  Inden- 
ture of  January  2,  1911,  and  that  in  case  of  default  in  respect 
thereof,  the  same  shall  constitute  and  be  conclusively  taken  to 
be  a default  within  the  meaning  of  Article  Six  of  said  Trust 
Indenture. 

The  Trustee  is  hereby  authorized  and  directed  from  time 
to  time  upon  the  written  request  of  the  Power  Company  to 
cancel  and  surrender  to  the  Power  Company  all  of  the  shares 
of  stock,  bonds,  notes,  indebtedness,  securities,  claims  or 
other  obligations  of  the  Power  Company  and  the  certificates 
therefor  or  the  evidences  thereof  issued  by  or  held  against 
the  Au  Sable  Electric  Company,  Bay  City  Power  Company, 
Commonwealth  Power  Company,  Central  Power  Company, 
Consumers  Power  Company  (Michigan),  Economy  Power 
Company,  Flint  Electric  Company,  Grand  Rapids-Muskegon 
Power  Company,  Grand  Rapids  Edison  Company,  Pontiac 
Power  Company,  and  Saginaw  Power  Company,  the  subsidi- 
ary companies  whose  properties  have  been  conveyed  to  it,  and 
subjected  to  the  lien  of  the  Trust  Indenture,  or  to  surrender 
the  same  uncancelled  to  the  Power  Company  if  the  lien  of 
the  Trustee  on  the  property  herein  described  is  not  in 
any  way  impaired  thereby  and  from  time  to  time  upon  the 


10$ 

written  request  of  the  Power  Company  to  cause  to  be  en- 
tered of  record  a satisfaction  of  any  mortgage  or  other  agree- 
ment under  which  such  bonds,  notes,  or  other  securities  were 
issued. 


In  Witness  Whereof,  the  Consumers  Power  Company  has 
in  the  City  of  New  York,  State  of  New  York,  caused  its  cor- 
porate seal  to  be  hereunto  affixed  and  this  instrument  to  be 
signed  in  its  behalf  and  name  by  its  President  or  one  of  its 
Vice-Presidents  and  has  caused  its  corporate  seal  to  be  at- 
tested by  its  Secretary  or  one  of  its  Assistant  Secretaries,  and 
the  Harris  Trust  and  Sayings  Bank  has  at  the  City  of  Chi- 
cago, County  of  Cook,  and  State  of  Illinois,  likewise  caused  its 
corporate  seal  to  be  hereunto  affixed,  and  this  instrument  to 
be  signed  in  its  behalf  and  name  by  its  President  or  one  of  its 
Vice-Presidents  and  has  caused  its  corporate  seal  to  be  at- 
tested by  its  Secretary  or  one  of  its  Assistant  Secretaries,  all 
as  of  the  day  and  year  first  above  written. 

Consumers  Power  Company. 

By  Bernard  C.  Cobb, 
President. 

Attest: 

Jacob  Hekma, 

Secretary.  (Seal) 

Signed,  sealed  and  delivered  by 
the  Consumers  Power  Com- 
pany in  the  presence  of  us 
who  hereto  subscribe  our 
names  as  witnesses  in  attes- 
tation thereof : 

Phil.  C.  Krauthoff, 

Herman  Sumnich. 


Satisfaction 

of  mort- 
gages. 


Attestation. 


Execution 
by  Power 
Company. 


Witnesses. 


104 


Execution 
by  Trustee. 


Witnesses. 


Acknowledg- 
ment of 
Company. 


Harris  Trust  and  Savings  Bank, 

By  Albert  W.  Harris, 
President. 

Attest : 

Edward  P.  Smith, 

Secretary.  (Seal) 

Signed,  sealed  and  delivered  by 
the  Harris  Trust  and  Savings 
Bank  in  the  presence  of  us 
who  hereto  subscribe  our 
names  as  witnesses  in  attes- 
tation thereof : 

R.  S.  Pribble, 

H.  A.  Dow. 


State  of  New  York,} 

County  of  New  York,f  ss‘ ' 

On  this  seventh  day  of  August,  A.  D.  1915,  before  me 
appeared  Bernard  C.  Cobb,  to  me  personally  known,  who, 
being  by  me  duly  sworn,  did  say  that  he  is  President  of 
the  Consumers  Power  Company,  and  that  the  seal  affixed  to 
the  foregoing  instrument  is  the  corporate  seal  of  said  cor- 
poration, and  that  said  instrument  was  signed  and  sealed  in 
behalf  of  said  corporation  by  authority  of  its  stockholders  and 
board  of  directors,  and  said  Bernard  C.  Cobb  acknowledged 
said  instrument  to  be  the  free  act  and  deed  of  said  corpora- 
tion. 

S.  W.  Smith, 

(Seal)  Notary  Public,  New  York  County,  N.  Y. 

Certificate  No.  263. 

My  commission  expires  March  30,  1917. 


105 


State  of  Illinois,  } 

County  of  Cook,  jSS“ 

On  this  19th  day  of  August,  A.  D.  1915,  before  me  appeared  ^nowiedg- 
Albert  W.  Harris,  to  me  personally  known,  who,  being  by  Trustee- 
me  duly  sworn,  did  say  that  he  is  President  of  the  Harris 
Trust  and  Savings  Bank,  and  that  the  seal  affixed  to  the  fore- 
going instrument  is  the  corporate  seal  of  said  corporation, 
and  that  said  instrument  was  signed  and  sealed  on  behalf 
of  said  corporation  by  authority  of  its  board  of  directors,  and 
said  Albert  W.  Harris  acknowledged  said  instrument  to  be  the 
free  act  and  deed  of  said  corporation. 

Henry  E.  Cutler, 

(Seal)  Notary  Public,  Cook  County,  Illinois. 

My  commission  expires  August  14,  1919. 


106 


State  of  New  York,} 
County  of  New  York, \ SS‘  ’ 


Mortgage 
Tax  affidavit. 


Jacob  Hekma,  being  duly  sworn,  deposes  and  says:  That 
he  is  Secretary  and  Treasurer  of  the  Consumers  Power  Com- 
pany, the  grantor  and  mortgagor  in  the  foregoing  Trust  In- 
denture dated  as  of  January  2,  1911,  and  Supplemental  Trust 
Indenture  dated  as  of  August  3,  1915,  executed  by  the  Con- 
sumers Power  Company  and  delivered  to  the  Harris  Trust 
and  Savings  Bank,  Trustee. 

Deponent  further  says  that  the  amount  of  bonds  authenti- 
cated by  the  Trustee  and  delivered  under  said  Trust  Inden- 
ture and  Supplemental  Trust  Indenture,  being  the  amount 
advanced  thereon  and  secured  thereby,  at  the  date  hereof  is 
the  sum  of  $12,936,000,  and  on  that  amount  it  is  now  desired 
to  pay  the  mortgage  tax  as  provided  by  Act  No.  91  of  the 
Michigan  Public  Acts  of  1911. 

Deponent  further  says  that  this  affidavit  is  made  to  com- 
ply with  the  provisions  of  Act  No.  91  of  the  Michigan  Public 
Acts  of  1911,  in  order  that  the  above  mentioned  Trust  Inden- 
ture and  Supplemental  Trust  Indenture  of  the  Consumers 
Power  Company  may  be  recorded  as  provided  by  law. 


Jacob  Hekma. 


Subscribed  and  sworn  to  before  me 
this  20th  day  of  August,  A.  D.  1915. 

S.  W.  Smith,  (Seal) 

Notary  Public , New  York  County , N.  Y. 
Certificate  No.  263. 

My  commission  expires  March  30,  1917. 


A 


